Studies on International Courts and Tribunals - Series page

pp ii-ii

Public Reason and Courts - Title page

pp iii-iii

Copyright page

pp iv-iv

Contents

pp v-vi

Contributors

pp vii-x

Preface

pp xi-xxvi

Acknowledgments

pp xxvii-xxviii

1 - Taking Public Reason to Court: Understanding References to Public Reason in Discussions about Courts and Adjudication

pp 1-42

Part I - Public Reason in Constitutional Courts

pp 43-228

2 - Must Laws Be Motivated by Public Reason?

pp 45-65

3 - The Importance of Constitutional Public Reason

pp 66-89

4 - The Question of Constitutional Fidelity: Rawls on the Reason of Constitutional Courts

pp 90-114

5 - The Challenges of Islamic Law Adjudication in Public Reason

pp 115-142

6 - “We Hold These Truths to Be Self-Evident”: Constitutionalism, Public Reason, and Legitimate Authority

pp 143-163

7 - A Kantian System of Constitutional Justice: Rights, Trusteeship, Balancing

pp 164-200

8 - Laws, Norms, and Public Justification: The Limits of Law as an Instrument of Reform

pp 201-228

Part II - Public Reason in International Courts and Tribunals

pp 229-320

9 - European Court of Human Rights in Pursuit of Public Reason? A Study of Lost Opportunities

pp 231-255

10 - The Right to Justification in the Context of Proportionality: A Plea for Determinacy and Stability

pp 256-280

11 - “Going Public”: Reasoning and Justification at the World Trade Court

pp 281-320

Part III - Critical Perspective on Public Reason in Courts

pp 321-349

12 - Constitutional Interpretation and Public Reason: Seductive Disanalogies

pp 323-349

Index

pp 350-368