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Judges Purposefully Delay: New Research on German Court Tactics

New research reveals an unexpected strategic dimension in rulings at Germany's highest court.

Study Focus:

  • Examines the use of delay tactics by judges when handling constitutional cases.
  • Analyzes instances where rulings were strategically postponed despite legal precedent.

Key Findings:

  • Contrary to expectations, deliberate delays were shown to align with political calculations in specific contexts.
  • This timing strategy appears linked to managing public perception and broader political implications.
  • The analysis demonstrates a calculated use of procedural timeframes by judicial actors.

Why It Matters:

  • Challenging traditional assumptions about constitutional courts' impartiality.
  • Offers important insights for scholars studying German politics, legal systems, and judicial behavior.
Journal of Politics
Strategic Delay and the Use of Incompatibility Rulings at the German Constitutional Court was authored by Jay Krehbiel. It was published in JOP in 2021. Find on Google Scholar10.1086/711129
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