Constitutional Courts and Judicial Review: Between Law and Politics (Hart Studies in Constitutional Theory)

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 a