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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主要作者: Wittig, Caroline
格式: Online
語言:英语
出版: Logos Verlag Berlin 2022
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在線閱讀:OCN: 1021805268
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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-842162025-07-30T06:53:26Z The Occurrence of Separate Opinions at the Federal Constitutional Court Wittig, Caroline Law Political Science 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. 2022-06-19T04:01:28Z 2022-06-19T04:01:28Z 2022-06-18T05:31:46Z 2016 book OCN: 1021805268 https://library.oapen.org/handle/20.500.12657/56724 9783832544119 https://directory.doabooks.org/handle/20.500.12854/84216 eng open access image/jpeg image/jpeg image/jpeg image/jpeg image/jpeg n/a n/a n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/56724/1/external_content.pdf https://library.oapen.org/bitstream/20.500.12657/56724/1/external_content.pdf https://library.oapen.org/bitstream/20.500.12657/56724/1/external_content.pdf https://library.oapen.org/bitstream/20.500.12657/56724/1/external_content.pdf https://library.oapen.org/bitstream/20.500.12657/56724/1/external_content.pdf Logos Verlag Berlin Logos Verlag Berlin https://doi.org/10.30819/4411 https://doi.org/10.30819/4411 04b263a1-7fba-4491-9eae-1c394ac42fc3 Knowledge Unlatched 9783832544119 Knowledge Unlatched (KU) KU Open Services Logos Verlag Berlin open access
spellingShingle Law
Political Science
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 Law
Political Science
topic_facet Law
Political Science
url OCN: 1021805268
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