Pushing Boundaries: How Lawmakers Shape Judicial Decision-Making
نویسندگان
چکیده
Existing literature highlights that constitutional courts influence lawmakers’ policy choices without actively intervening in the policymaking process. Lawmakers know may scrutinize their acts and have incentives to amend policies pre-empt judicial interventions. However, evidence suggests lawmakers are not always prepared sacrifice objectives avoid censure from courts. I develop a formal model showing how who provoke confrontations with shape decision-making. Drawing on an original dataset of German federal laws adopted between 1977 2015 were reviewed by Federal Constitutional Court, then show Court moderated its strike rate when had dismissed credible advice unconstitutional. The theoretical argument empirical indicate more likely deference push boundaries choices.
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ژورنال
عنوان ژورنال: Comparative Political Studies
سال: 2022
ISSN: ['0010-4140', '1552-3829']
DOI: https://doi.org/10.1177/00104140221089649