The Merkel Court: Judicial Populism since the Lisbon Treaty

Abstract

The German Federal Constitutional Court’s recent case law in context – A systematic account of the Federal Constitutional Court’s changing constitutional imagination – The constitutional footprint of the grand coalitions during Angela Merkel’s 16-year term as German Chancellor – The changing architecture of parliamentary government in the Federal Republic and the role of the Court – The supermajoritarian structure of the German political system – Majority rule and veto players – Legislation and parliamentary oversight – Executive autonomy and parliamentary control – Political representation and counter-representation by the Court – The constitutional nature of cabinet and ministerial responsibility – constitutional limits of political speech in government office – The normative model of administrative constitutionalism – The pouvoir neutre in the German constitution – The constitutionalisation of distributive justice