Description
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.
A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.
About the Author
Andras 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 Pazmany Peter 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, Universita degli Studi di Brescia, Italy. He is also a permanent fellow of the Tarello Institute for Legal Philosophy at Universita degli Studi di Genova.
Reviews
'Despite substantial academic attention to the rise of judicial power, we know fairly little about how newly empowered courts interpret their constitutions and justify their decisions. This timely and impressive edited collection fills this gap by presenting qualitative and quantitative data from 18 courts and over 700 cases. The volume is a must-read for those interested in comparative constitutional interpretation.' Mila Versteeg, University of Virginia School of Law
'This volume is the mature product of a very thorough, innovative, and reasonably large research project. It is impossible to do justice to the richness of its findings ...' Katalin Capannini-Kelemen, I-CONnect (www.iconnectblog.com)
Book Information
ISBN 9781107449763
Author Andras Jakab
Format Paperback
Page Count 866
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 1200g
Dimensions(mm) 229mm * 153mm * 42mm
A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.
About the Author
Andras 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 Pazmany Peter 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, Universita degli Studi di Brescia, Italy. He is also a permanent fellow of the Tarello Institute for Legal Philosophy at Universita degli Studi di Genova.
Reviews
'Despite substantial academic attention to the rise of judicial power, we know fairly little about how newly empowered courts interpret their constitutions and justify their decisions. This timely and impressive edited collection fills this gap by presenting qualitative and quantitative data from 18 courts and over 700 cases. The volume is a must-read for those interested in comparative constitutional interpretation.' Mila Versteeg, University of Virginia School of Law
'This volume is the mature product of a very thorough, innovative, and reasonably large research project. It is impossible to do justice to the richness of its findings ...' Katalin Capannini-Kelemen, I-CONnect (www.iconnectblog.com)
Book Information
ISBN 9781107449763
Author Andras Jakab
Format Paperback
Page Count 866
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 1200g
Dimensions(mm) 229mm * 153mm * 42mm
