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"As the power of constitutional courts all over the world is increasing, we still know very little about support for emergent courts and especially support for supranational courts develops. So in order to better understand the development of support for constitutional courts, this paper compares the sources of confidence in constitutional courts in four cases. The comparison extends both cross-nationally and cross-institutionally by contrasting public support a well-established constitutional court - the Federal Constitutional Court or the Bundesverfassungsgericht in West Germany - to support for three emergent courts - the Bundesverfassungsgericht in East Germany and the European Court of Justice in both West and East Germany.Building on previous quantitative analysis that demonstrated a link between support for the national and the supranational link, the legitimacy transfer hypothesis is tested against additional, qualitative evidence that is lower in external validity, but higher in internal validity. These qualitative data consist of focus group interviews designed to explore why and how people might link support for national to support for supranational courts. Based on preliminary results from series of focus groups conducted in West and East Germany, people do indeed make a functional connection between the national and the supranational court. Unlike the other institutions of government both courts are seen as neutral, technical arbiters of the law that are fundamentally trustworthy. The European Court of Justice is considered as the functional eqivalent of the Federal Constitutional Court at a different level of government. There are some differences between East and West Germany, but they are slight. Even though the results are still preliminary, the evidence corroborates a functional connection between the two levels of courts, supporting the legitimacy transfer hypothesis." Die quantitativen, empirischen Ergebnisse basieren auf den Daten des ALLBUS 1994.
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ALLBUS-Bibliography
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Aufgenommen: 21. Fassung, Dezember 2006
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Focus on Constitutional Courts: Explaining the Ligitimacy Link Between the German Federal Constitutional Court and the European Court of Justice
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inproceedings
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?:reference
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Midwest Political Science Association
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Bibsonomy
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In Midwest Political Science Association, 2003
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2003
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ALLBUS
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ALLBUS1994
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ALLBUS_input2005
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ALLBUS_pro
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ALLBUS_version21
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FDZ_ALLBUS
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checked
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english
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inproceedings
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