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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.
American Journal of Political Science
The Politics of Judicial Procedures: The Role of Public Oral Hearings in the German Constitutional Court was authored by Jay Krehbiel. It was published in AJPS in 2016. Find on Google Scholar10.1111/ajps.12229
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