CEU Electronic Theses and Dissertations, 2010
| Author | Papayova, Lucia |
|---|---|
| Title | Legislators or constitutional judges? Law and policy-making primacy in abortion jurisprudence in the USA and Germany |
| Summary | This paper examines the growth of law and policy-making powers of constitutional judges as an aspect of current profound changes within the legal and political environment sometimes also described as 'judicialization of politics.' It argues that separation of powers between legislators and constitutional judges is not a matter of description, but has its normative significance. This paper therefore claims that legislature should be primarily responsible for addressing broader issues of law and public policy and that such is only enabled if law and policy-making of legislature is not replaced or substantially supplemented by that of constitutional judges. In order to establish the validity of this claim, this paper examines the growth of constitutional law and policy-making and its subsequent impact on the position of legislature as well as its ramifications in policy-making area. Comparative analysis of ‘judicialization’ of abortion policy in USA and in Germany serves as an analytical evidence of the various arguments underlying this claim. In order to reconcile law and policy-making powers possessed and exercised by both legislature as well as constitutional judiciary, normative arguments inherent to the institutional and functional limits of both of these governmental bodies are presented. In conclusion, this paper responses to the challenges brought about by ‘judicialization’ of law and policy-making by claiming a need for restoration of law and policy-making primacy of legislature. |
| Supervisor | Uitz Renata |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/papayova_lucia.pdf |
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