Ex-Ministers, Politicians, and “Political Thinking” at the BVerfG

How does one become a constitutional court judge? This is not a simple answer. Appointment procedures of constitutional court judges are formally regulated but, due to their prominent position, are most likely to involve informal norms, procedures, and networks. This informal, often political, element is not inherently negative but serves important functions for safeguarding standards of constitutional democracy and public trust in the institutional system. Most people would agree that those aiming to serve as judges of a nation’s highest court should muster up to greater political and societal scrutiny. The relevant factors include not only their legal expertise and the fulfillment of formal qualifications such as age and education, but also their personal qualities, such as a high reputation and impartiality. This introduces an essentially private element in the public selection process.