Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.
This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.
Praise for the first edition:
"?reveals numerous and fruitful points of contact between American and German constitutional law on the one hand, and the emerging case-law under the HRA on the other? provides vital background information concerning the underlying structures and institutions of both systems." · European Public Law
"The essays offer valuable models for assessing the direction of comparative constitutional law? With well-presented illustrative tables, this book is an excellent contribution to the field. Recommended." · Choice
"Taken together, the essays provide a dispute-processing framework as a model for systematic inquiry." · Cambridge Scientific Abstracts