Self-Dealing and Malfunction: Attempting a More Minimalist Approach

Against the background of German constitutional practice and scholarship I take a more skeptical approach towards the virtues of political process review. As I see it the challenge is to refine and narrow down Ely rather than expanding on his ideas. In this vein, I take a closer look at the idea of political self-dealing and cases of institutional failure/dysfunction to investigate if it is possible to make these ideas judicially operable as a basis for more searching review while potentially leaving room for weak review in other cases, drawing on Dixon.