How Public Hearings Shape Court Decisions in Germany

This article examines the use of public oral hearings at Germany's Constitutional Court. It develops a formal model analyzing when courts employ these hearings and how they affect rulings against elected officials.

• The Core Question: How do public hearings influence court behavior?
• Strategic Function: The model suggests hearings serve as tools to address potential noncompliance issues.

Key Findings:**

• Courts strategically use public oral hearings according to their predictions of compliance or noncompliance by the parties involved.

Real-World Significance:**

• This research demonstrates how constitutional courts actively shape public perception and potentially enforce constitutional adherence through these high-profile procedures.

Context (Germany):**

• The analysis focuses specifically on practices at Germany's highest constitutional court, providing empirical evidence for the model.