Constitutional Law and Precedent Constitutional Law and Precedent

Constitutional Law and Precedent

International Perspectives on Case-Based Reasoning

Descrizione dell’editore

This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

GENERE
Professionali e tecnici
PUBBLICATO
2022
30 marzo
LINGUA
EN
Inglese
PAGINE
292
EDITORE
Taylor & Francis
DIMENSIONE
4,8
MB
Judicial Law-Making in European Constitutional Courts Judicial Law-Making in European Constitutional Courts
2020
States of Emergency and Human Rights Protection States of Emergency and Human Rights Protection
2024
Economic Sanctions in International Law and Practice Economic Sanctions in International Law and Practice
2019
The International Criminal Court The International Criminal Court
2006
Law of Success Law of Success
2012
Accountability and the Law Accountability and the Law
2021
Contemporary Issues in Human Rights Law Contemporary Issues in Human Rights Law
2017
Procedural Justice and Relational Theory Procedural Justice and Relational Theory
2020