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Comparative Constitutional Reasoning

Comparative Constitutional Reasoning

Name: Comparative Constitutional Reasoning
Brand: Cambridge University Press
SKU: 9781107449763
Price: 643.11 HKD
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Author: Andras Jakab; Arthur Dyevre; Itzcovich Giulo
ISBN: 9781107449763

Edited by Andras Jakab · Arthur Dyevre · Itzcovich Giulo

Cambridge University Press December 2018

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ISBN-13: 9781107449763
Publisher: Cambridge University Press
Publication: December 2018
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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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

13. The Israeli supreme court Suzie Navot

14. The constitutional court of Italy Tania Groppi and Irene Spigno

15. The constitutional court of South Africa Christa Rautenbach and Lorens du Plessis

16. The Spanish constitutional court Marian Ahumada Ruiz

17. The constitutional court of Taiwan Wen-Chen Chang

18. The supreme court (house of lords) of the United Kingdom Tamas Gyorfi

19. The supreme court of the United States Howard Schweber and Jennifer L. Brookhart

20. Conclusion Andras Jakab, Arthur Dyevre and Giulio Itzcovich

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