Democracy, the Courts, and the Liberal State: A Comparative Analysis of American and German Constitutionalism

The book explores the role of the courts in shaping democratic politics and the inter-relationship between citizens and the state. It argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government but also has a crucial civic dimension. It assesses how the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal.

Format: Paperback / softback
Length: 222 pages
Publication date: 06 May 2022
Publisher: Taylor & Francis Ltd

The book delves into a multifaceted examination of constitutionalism, encompassing both the constitutionalist and liberal perspectives, as explored in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville. It sheds light on an often overlooked aspect of constitutionalism: the profound influence of courts in shaping democratic politics and the intricate relationship between citizens and the state.

In his comprehensive analysis, David Miles argues that constitutionalism cannot be solely perceived as an institutional mechanism designed to restrict government power. Rather, it possesses a vital civic dimension that is essential to the functioning of the liberal state. Drawing upon constitutional history, law, and political theory, Miles presents constitutionalism as part of a broader system of communal norms that sustains representative democracy and liberalism.

Through a detailed examination of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how the US Supreme Court and the German Constitutional Court have navigated the delicate balance between preserving stability and fostering democratic renewal in adjudicating these cases.

Democracy, the Courts, and the Liberal State offers valuable insights to scholars, students, and practitioners engaged in comparative politics, political theory, and constitutional law and history. It provides a comprehensive exploration of the interplay between constitutionalism, judicial authority.

Weight: 408g
Dimension: 229 x 152 (mm)
ISBN-13: 9780367609320