Comparative Constitutional Reasoning (Paperback)

Arthur Dyevre

ISBN 10: 1107449766 / ISBN 13: 9781107449763

Published by Cambridge University Press, Cambridge, 2018

About this Item

Paperback. 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. Examining reasoning practices of constitutional judges across eighteen legal systems globally, this book focuses on leading cases in order to compare processes, using a combination of qualitative and quantitative analysis. Contributors offer the most comprehensive and systematic account of constitutional reasoning to date, in the first ever study of this scale. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.

Seller Inventory # 9781107449763

Bibliographic Details

• Title: Comparative Constitutional Reasoning (Paperback)
• Publisher: Cambridge University Press, Cambridge
• Publication Date: 2018
• Language: English
• ISBN 10: 1107449766
• ISBN 13: 9781107449763
• Binding: Paperback
• Condition: new

About this title

Synopsis

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.

About the Authors

András Jakab is the Director of the Institute for Legal Studies at the Centre for Social Sciences, Hungarian Academy of Sciences. He is also Professor of Constitutional and European Law at Pázmány Péter Catholic University, Budapest.

Arthur Dyevre is Associate Professor of Empirical Jurisprudence at the Faculty of Law, Katholieke Universiteit Leuven, Belgium. He works in the fields of legal theory, judicial behaviour, European integration, comparative law and comparative politics.

Giulio Itzcovich is Associate Professor of Philosophy of Law in the Department of Legal Science, Universitŕ degli Studi di Brescia, Italy. He is also a permanent fellow of the Tarello Institute for Legal Philosophy at Universitŕ degli Studi di Genova.