Public Opinion and Opposition Party Success: Evidence from the European Constitutional Courts

Bricker, Benjamin; Wondreys, Jakub

doi:10.1080/0098261x.2018.1438217

Cited by 5 publications

(4 citation statements)

References 38 publications

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“…The debate on the role and importance of a constitutional complaint in improving the quality of legislation in international scientific circles has been going on for a long time, with many supporters and many critics (González-Ocantos, 2016). Bricker and Wondreys (2018) support the position that anyone can file a complaint against a normative act after its promulgation, without being obliged to prove that the relevant norm directly and currently affects his rights and freedoms. Lübbe-Wolff (2016) also defined the actio popularis as the main guarantee of comprehensive constitutional review, since anyone can apply to the Constitutional Court.…”

Section: Discussionmentioning

confidence: 99%

The role of the constitutional complaint in the legislative process: Comparative legal aspect

Brovko

Медвідь²,

Mahnovskyi

et al. 2021

Cuest. Pol.

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The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

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Section: Discussionmentioning

confidence: 99%

The role of the constitutional complaint in the legislative process: Comparative legal aspect

Brovko

Медвідь²,

Mahnovskyi

et al. 2021

Cuest. Pol.

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show abstract

“…This study also suggests that lessons learned from the study of presidencies can be applied to other governmental institutions at all levels ( 29 ) and that the TLB theory ( 8 ) contributes to a broad understanding of presidents in their final terms ( 30 ). The concept of SD used here ( 12 ) has been studied globally, mostly in the context of judicial systems; for example, there is evidence of “high court judges in the European Constitutional Court overturning cases more often and agree with the parliament less when public approval is shifting toward the opposition and away from the parliamentary majority” ( 31 ).…”

Section: Discussionmentioning

confidence: 99%

Terminal Logic Behavior and Strategic Defection of Governmental Officials during Presidential Transitions in Guatemala: Implications for the Sustainability of Food and Nutrition Security Policy

Escobar‐Alegria

Frongillo

Blake

2020

Current Developments in Nutrition

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Background Presidents with no possibility of reelection overvalue far-future rewards and succumb to terminal logic behavior (TLB), responding to end-of-tenure legacy concerns despite political context. Government authorities perceiving the outgoing government is losing power at the end of term behave under the logic of strategic defection (SD), dissociating from the outgoing government once it is perceived powerless. In countries where reelection is impossible and government turnover and inconstant political parties are concerns, governmental officials at all levels may show TLB and SD during transitions that affect policy sustainability. Objectives This study aimed to understand the context during presidential transitions that makes TLB and SD relevant, whether TLB and SD affect sustainability of food and nutrition security policy (FNSP), and the tactics for navigating transitions that favor sustainability. Methods A case study design was used with semi-structured qualitative interviews and document review of news articles in Guatemala. Purposeful criterion and snowball sampling were used to recruit 52 policy actors implementing a FNSP across two transitions; 252 news articles from the referenced period covering topics on policy programmatic areas were purposefully sampled. Interviews were analyzed using coding and thematic analyses. News articles were analyzed using a priori thematic coding for verifying themes in interviews and data triangulation. Results Governmental officials were replaced by others during transitions; political parties were perceived as inconstant. TLB and SD occurred at all levels and had consequences for sustainability of FNSP: implementation slowdown, dysfunctional collaboration, inefficient use of resources, benefits not reaching targeted groups, and loss of momentum. These occurred through individual, institutional, and political mechanisms. Civil society, international organizations, and government adopted tactics for maximizing sustainability. Conclusion Understanding governmental officials’ experiences and the extent to which TLB and SD occur and affect sustainability could be advantageous to develop compensatory actions for reaching long-term FNSP goals.

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“…150 In Europe, evidence suggests that domestic public opinion indirectly influences European constitutional courts, including the FCC. 151 For instance, a study showed how the German Court's ESM ruling 'appeared to adhere closely to the contours of public opinion'. 152 The point can also be indirectly gleaned from the President of FCC's introductory remarks to the PSSP judgement where he was keen on allaying the public concern that the judgement does not 'make any statement' on ECB's COVID-19 programs.…”

Section: Comparative Insights and Concluding Remarksmentioning

confidence: 99%

On sovereign bonds and marijuana: Comparing supremacy limits in the US and the EU

Moussa

2021

Maastricht Journal of European and Comparative Law

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Against the background of the PSPP judgement, the article conducts an under-researched comparison of the German Court's recent judgement with incidents of defiance from American states’ legislatures. Particularly, it highlights the example of marijuana laws in the US where a handful of states managed to legislate de facto governing norms contrary to the federal ones. The article then examines the German Court's last decision on sovereign bonds to compare the underlying factors that facilitates European judicial defiance with those contributing to occasional state legislator resistance in the US. Comparison to the highly centralized US shows that defiance of supremacy cannot be eliminated, but its conducive factors can be controlled to ensure a functioning constitutional system. To do so, attention must be paid to popular, fiscal and political factors, rather than to exclusively legalistic ones.

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Public Opinion and Opposition Party Success: Evidence from the European Constitutional Courts

Cited by 5 publications

References 38 publications

The role of the constitutional complaint in the legislative process: Comparative legal aspect

The role of the constitutional complaint in the legislative process: Comparative legal aspect

Terminal Logic Behavior and Strategic Defection of Governmental Officials during Presidential Transitions in Guatemala: Implications for the Sustainability of Food and Nutrition Security Policy

On sovereign bonds and marijuana: Comparing supremacy limits in the US and the EU

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