Comparative Judicial Politics

Abstract

This article is part of an ongoing project of the authors to systematically compare the policy-making influence of courts in nations with disparate political systems, levels of economic development, and legal traditions. Presented herein is a two-nation comparative case study of the policy influence of the highest courts in the Federal Republic of Germany and the Republic of India. The general research strategy begins with the premise that judicial decisions are not self-executing and therefore implementation requires the cooperation of others. Courts are forced to rely on other political actors to translate policy decisions into action. From this premise the authors reason that the degree of judicial influence in the policy process of any nation can be roughly gauged by examining the reaction of other actors who, as part of the political environment, are themselves subject to a wide range of political pressures. Using the judicial impact model of Charles A. Johnson, the authors analyze the impact of the courts on university admission policy in the Federal Republic of Germany, and the industrial disputes machinery in the Republic of India.