Comparative Constitutional Reasoning

Author: Andras Jakab; Arthur Dyevre; Itzcovich Giulo
Publisher: Cambridge University Press
ISBN: 9781107085589

Published In: April 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107449763

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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.

1. Introduction: comparing constitutional reasoning with quantitative and qualitative methods Andras Jakab, Arthur Dyevre, Giulio Itzcovic

2. The high court of Australia Cheryl Saunders and Adrienne Stone

3. The Austrian constitutional court Konrad Lachmayer

4. The supreme federal tribunal of Brazil Conrado Hubner Mendes

5. The supreme court of Canada Hugo Cyr and Monica Popescu

6. The constitutional court of the Czech Republic Zdenek Kuhn

7. The European court of human rights Janneke Gerards

8. The European court of justice Giulio Itzcovich

9. The French constitutional council Arthur Dyevre

10. German federal constitutional court Michaela Hailbronner and Stefan Martini

11. The constitutional court of Hungary Andras Jakab and Johanna Frohlich

12. The supreme court of Ireland Eoin Carolan