Wieso die Schweizer Angst vor dem Richterstaat unbegründet ist

Abstract

Using Germany as an example, the paper derives that a strong constitutional jurisdiction with a comprehensive review competence does not lead to a judge-state that undermines democratic processes. Rather, such a constitutional jurisdiction safeguards the principle of democracy, in particular by addressing the concerns of minorities. The paper shows that the often diffuse fear of strengthening constitutional jurisdiction is unfounded and should therefore be considered as a possible concept for the further development of the Swiss constitutional system.