Constitutional Courts and Judicial Review Between Law and Politics by Dieter Grimm | 2026

Constitutional Courts and Judicial Review Between Law and Politics by Dieter Grimm | 2026

This collection of essays by Dieter Grimm, one of Germany's leading constitutional scholars, examines the jurisprudence of the German Constitutional Court and the broader role of constitutional adjudication.

Since its establishment in 1951, the German Constitutional Court has served as a model for constitutional courts around the world. Its landmark decisions, particularly those concerning fundamental rights, have significantly influenced constitutional jurisprudence and judicial practice in many countries.

Following the constitutional transformations of 1989–1990 in Germany and across Europe, numerous states adopted democratic constitutions and created constitutional courts to ensure the effective enforcement of constitutional principles. In recent years, however, many of these institutions have faced growing political and academic criticism.

In this volume, Grimm addresses key debates surrounding constitutional adjudication. He explores whether constitutional courts should be viewed as political or legal institutions, whether judicial review is primarily a political or legal function, and whether such courts strengthen or undermine democratic governance. He also considers whether constitutional courts should be reinforced or abolished and examines the possibility of achieving a rational and principled interpretation of constitutional law.

Through these essays, Grimm argues that constitutional courts play a vital role in safeguarding constitutional order when they faithfully perform their function of enforcing the constitution. He places particular emphasis on constitutional interpretation, maintaining that it is essential to effective constitutional adjudication and is too often overlooked by its critics.

Table of contents of Constitutional Courts and Judicial Review Between Law and Politics  by Dieter Grimm:

Part I: A Prelude
1. The Federal Constitutional Court of Germany: A Survey

Part II: Judicial Review and Democracy
2. Constitutional Adjudication in a Democratic System
3. Neither Indispensable Nor Contradictory. Constitutional Adjudication and Democracy

Part III: Constitutional Adjudication: Law or Politics?
4. What Exactly is Political about Constitutional Adjudication?
5. Law or Politics? The Kelsen-Schmitt Controversy Over Constitutional Adjudication and the Current Situation

Part IV: The Process: Constitutional Interpretation
6. Constitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Law and Politics
7. On the Relationship between Interpretation Theory, Constitutional Adjudication and the Democracy Principle in Kelsen
8. Habermas on Constitutional Jurisprudence
9. Behind the Scenes: The Genesis of the Elfes Judgment
10. Constitutional Jurisprudence and Constitutional Scholarship

Part V: Institutional Questions
11. Problems Relating to the System of Specialised Constitutional Courts in Germany
12. On the Relationship between the Federal Constitutional Court and Ordinary Courts

Part VI: Europe: Competing Courts
13. The Role of National Constitutional Courts in European Democracy
14. A Long Time Coming

Part VII: Opponents
15. New Radical Criticism of Constitutional Adjudication

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