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The Politics of Judicial Procedures: The Role of Public Oral Hearings in the German Constitutional Court

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  • Jay N. Krehbiel

Abstract

Modern liberal democracies typically depend on courts with the power of constitutional review to ensure that elected officials do not breach their constitutional obligations. The efficacy of this review, however, can depend on the public observing such breaches. One resource available to many of the world's constitutional courts to influence the public's ability to do so is public oral hearings. Drawing on the comparative judicial literature on separation of powers, public awareness, and noncompliance, I develop a formal model of public oral hearings. The model provides empirical implications for when a court will hold public oral hearings and how hearings correspond to a court's willingness to rule against elected officials. An empirical analysis of hearings at the German Constitutional Court supports the model's prediction that courts use hearings as a resource to address potential noncompliance.

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  • Jay N. Krehbiel, 2016. "The Politics of Judicial Procedures: The Role of Public Oral Hearings in the German Constitutional Court," American Journal of Political Science, John Wiley & Sons, vol. 60(4), pages 990-1005, October.
    • Handle: RePEc:wly:amposc:v:60:y:2016:i:4:p:990-1005
    DOI: 10.1111/ajps.12229
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    Cited by:

    1. Hanjo Hamann, 2019. "The German Federal Courts Dataset 1950–2019: From Paper Archives to Linked Open Data," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 16(3), pages 671-688, September.
    2. Christoph Engel, 2024. "The German Constitutional Court – Activist, but not Partisan?," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2024_04, Max Planck Institute for Research on Collective Goods.

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