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The Occurrence of Separate Opinions at the Federal Constitutional Court
Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.
Specific Performance in German, French and Dutch Law in the Nineteenth Century
This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.
Baden and the Modern State
The bureaucracy’s commitment to the public good and predictable decision making processes is an important prerequisite of economic growth. There are, however, only few studies that ask how such an efficient bureaucracy was established. The main objective of this book is to close this gap by exploring the transformation of a rent-seeking bureaucracy into a modern Weberian administration in the Grand-Duchy of Baden during the first half of the 19th century. In doing so, the study asks how rules and regulations that governed employment dismissal, promotion and remuneration of bureaucrats shaped the latter’s incentives to commit to the public good and predictable decision making processes. T...
