Constitutional law and precedent : international perspectives on case-based reasoning

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書誌事項

Constitutional law and precedent : international perspectives on case-based reasoning

edited by Monika Florczak-Wątor

Routledge, 2022

  • : hbk

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

Introduction: On the Methodology of the Research on Case-Based Reasoning in Constitutional Adjudication PART I: Supreme Courts in Common Law System Chapter 1: United States of America The Supreme Court of the United States: legitimate law-maker and constitutional interpreter Chapter 2: Canada The Supreme Court of Canada: The Road to Authority, Legitimacy, and Independence Chapter 3: Australia Precedents and Case-Based Reasoning in the Case-Law of The High Court of Australia PART II: Constitutional Courts in Civil Law System Chapter 4: Germany The Role of Precedents and Case-Based Reasoning in the German Federal Constitutional Court Chapter 5: Hungary Precedents and Case-Based Reasoning in the Case-Law of the Hungarian Constitutional Court Chapter 6: Italy Precedents and Case-Based Reasoning in the Adjudications of the Italian Constitutional Court Chapter 7: Latvia Precedents and Case-Based Reasoning in Constitutional Adjudication: The Republic of Latvia Chapter 8: Poland Precedents and Case-Based Reasoning in the Case-Law of the Constitutional Tribunal of the Republic of Poland Chapter 9: Romania The Role of Precedents and Case-Based Reasoning in the Case-Law of the Romanian Constitutional Court PART III: International Courts in European Law System Chapter 10: Court of Justice of the European Union Court of Justice of the European Union - 'Stone-by-Stone' Case-Based Reasoning Chapter 11: European Court of Human Rights Precedent in the System of the European Convention on Human Rights PART IV: Comparative Analysis Chapter 12: Conclusion The Role of Case-Based Reasoning in Constitutional Adjudication: A Comparative Study Index

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