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Democracy in Crisis: New Challenges to Constitutional Democracy in the Atlantic Area
Donald P. Kommers
Book Chapter
Donald P. Kommers, Judicial Power and Constitutional Democracy in Italy and West Germany, in Democracy in Crisis: New Challenges to Constitutional Democracy in the Atlantic Area 33 (Edward A. Goerner, ed., 1971)
Democracy in Crisis is a collection of ten short essays on a variety of critical problems confronting democratic governments in Western Europe, the United States, and Canada. In "Judicial Power and Constitutional Democracy in Italy and West Germany," Donald P. Kommers presents a comparative appraisal of judicial review, a controversial yet often neglected aspect of parliamentary democracy in these two former authoritarian states.
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Political Trials
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Spiegel Affair: A Case Study in Judicial Politics, in Political Trials 5 (Theodore L. Becker ed., 1971)
In Political Trials, Theodore L. Becker has brought together 11 original essays illustrating how courts in eight different countries have been used by the powerful to eliminate what they consider to be pesky irritants or deadly challenges.
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Frontiers of Judicial Research
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Federal Constitutional Court in the West German Political System, in Frontiers of Judicial Research 73 (Joel Grossman & Joseph Tanenhaus eds., 1969).
No view of the West German political system is complete without taking into account the role of the Federal Constitutional Court in the total competitive process of authoritative decision making. This role is largely determined by the place assigned the Court in the political system by the Basic Law of the Federal Republic and by the nature of the recruitment process. It is limited by the Court's structure, together with its internal processes of decision making and the political environment in which it functions. My purpose here is to discuss each of these factors and then to link them with selected aspects of the Court's policy-output.
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