Uses of history in constitutional adjudication
Author(s)
Bibliographic Information
Uses of history in constitutional adjudication
（History of European political and constitutional thought / series editor, Erica Benner ... [et al.], 10 . Comparative constitutional history ; v. 2）
Brill, 2023
- : hardback
Available at / 1 libraries
-
No Libraries matched.
- Remove all filters.
Note
Includes bibliography and references
Index: p. [377]-380
Description and Table of Contents
Description
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution's provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernos, Justin Collings, Jean-Christophe Bedard-Rubin, Cem Tecimer, Angel Aday Jimenez Aleman, Ana Beatriz Robalinho, Keigo Obayashi, Zoltan Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Table of Contents
Acknowledgments
List of Tables
Notes on Contributors
Introduction
Francesco Biagi , Justin O . Frosini and Jason Mazzone
Part 1
Framing the Problem
1 History Limit or License in Constitutional Adjudication?
Mark D . Rosen
2 When History Requires the Use of History in Constitutional Adjudication
Jorge M. Farinacci-Fern o s
3 Memory as Mantle Evil Pasts and Judges' Power in Germany and South Africa
Justin Collings
Part 2
Historical Precedents and Inter-constitutional Interpretation
4 Comparing Constitutional Historicities The Case of Precedents in Canada and the United States
Jean-Christophe B e dard-Rubin
5 Inter-constitutional Interpretation A Case Study of the Articles of Confederation
Cem Tecimer
Part 3
A Matter of Narratives
6 Janus' Third Face? The Spanish Constitutional Court at the Crossroads of History
A ngel Aday Jim e nez Alem a n
7 Competing Narratives The Use of Historical Arguments in Constitutional Interpretation in Brazil
Ana Beatriz Robalinho
8 Manipulating Constitutional, Legislative and Judicial History Incremental Judicial Activism in the Japanese Supreme Court
Keigo Obayashi
Part 4
New Democracies and Illiberal Regimes
9 How Not to Use History in Constitutional Interpretation The Aborted Resurrection of the Historical Constitution in Hungary
Zolt a n Szente
10 Using the Authoritarian Past for Constitutional Interpretation in New Democracies The Example of the Taiwan Constitutional Court
Shih-An Wang
Conclusion Which History, Whose Past?
Diego Werneck Arguelhes
Index
by "Nielsen BookData"
