The Occurrence of Separate Opinions at the Federal Constitutional Court

Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by...

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Glavni avtor: Wittig, Caroline
Format: Online
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Izdano: Logos Verlag Berlin 2021
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author Wittig, Caroline
author_browse Wittig, Caroline
author_facet Wittig, Caroline
author_sort Wittig, Caroline
collection Directory of Open Access Books
description Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that -- contrary to the common literature -- it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.
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spelling doab-20.500.12854ir-644632024-03-29T19:31:20Z The Occurrence of Separate Opinions at the Federal Constitutional Court Wittig, Caroline Judicial Politics German Federal Constitutional Court Judicial Behavior Databases Quantitative Analyses thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that -- contrary to the common literature -- it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address. 2021-04-08T19:39:06Z 2021-04-08T19:39:06Z 2016 book ONIX_20210408_9783832544119_6 9783832544119 https://directory.doabooks.org/handle/20.500.12854/64463 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://www.logos-verlag.de/cgi-bin/engbuchmid?isbn=4411&lng=eng&id= https://www.logos-verlag.de/ebooks/OA/978-3-8325-4411-9.pdf Logos Verlag Berlin Logos Verlag Berlin 10.30819/4411 10.30819/4411 04b263a1-7fba-4491-9eae-1c394ac42fc3 9783832544119 Logos Verlag Berlin 178 Berlin/Germany open access
spellingShingle Judicial Politics
German Federal Constitutional Court
Judicial Behavior
Databases
Quantitative Analyses
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
Wittig, Caroline
The Occurrence of Separate Opinions at the Federal Constitutional Court
title The Occurrence of Separate Opinions at the Federal Constitutional Court
title_full The Occurrence of Separate Opinions at the Federal Constitutional Court
title_fullStr The Occurrence of Separate Opinions at the Federal Constitutional Court
title_full_unstemmed The Occurrence of Separate Opinions at the Federal Constitutional Court
title_short The Occurrence of Separate Opinions at the Federal Constitutional Court
title_sort occurrence of separate opinions at the federal constitutional court
topic Judicial Politics
German Federal Constitutional Court
Judicial Behavior
Databases
Quantitative Analyses
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
topic_facet Judicial Politics
German Federal Constitutional Court
Judicial Behavior
Databases
Quantitative Analyses
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPH Political structure and processes
url ONIX_20210408_9783832544119_6
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