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Constitutional Courts and Judicial Review

Between Law and Politics

Professor Dr Dieter Grimm (Wissenschaftskolleg zu Berlin, Germany)

$200

Hardback

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English
Hart Publishing
09 January 2025
This collection of essays from Dieter Grimm, Germany’s most renowned constitutional scholar, shines a

light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general.

Established in 1951,

the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world.

After the seismic constitutional

changes of the years 1989–90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually.

In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible?

The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues,

that most critics of constitutional adjudication neglect.
By:  
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm, 
ISBN:   9781509976850
ISBN 10:   150997685X
Series:   Hart Studies in Constitutional Theory
Pages:   312
Publication Date:  
Audience:   Professional and scholarly ,  College/higher education ,  Undergraduate ,  Primary
Format:   Hardback
Publisher's Status:   Active

Dieter Grimm is an internationally renowned authority on constitutional law, constitutional theory, constitutional history and constitutional adjudication, Germany.

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