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  1. Home
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  3. Comparative Constitutional Reasoning
  • Cited by 16
Publisher:
Cambridge University Press
Online publication date:
April 2017
Print publication year:
2017
Online ISBN:
9781316084281
DOI:
https://doi.org/10.1017/9781316084281
Subjects:
Constitutional and Administrative Law, Law, Comparative Law
Information

Book description

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Reviews

'Despite substantial academic attention to the rise of judicial power, we know fairly little about how newly empowered courts interpret their constitutions and justify their decisions. This timely and impressive edited collection fills this gap by presenting qualitative and quantitative data from 18 courts and over 700 cases. The volume is a must-read for those interested in comparative constitutional interpretation.'

Mila Versteeg - University of Virginia School of Law

'This volume is the mature product of a very thorough, innovative, and reasonably large research project. It is impossible to do justice to the richness of its findings …'

Katalin Capannini-Kelemen Source: I-CONnect (www.iconnectblog.com)

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