Constitutional law and precedent : international perspectives on case-based reasoning / Monika Florczak-Wątor, editor.

Format:

Book

Author/Creator:

Florczak-Wątor, Monika., Editor.

Contributor:

Florczak-Wątor, Monika, editor.

Language:

English

Subjects (All):

Constitutional law--Philosophy.

Constitutional law.

Physical Description:

1 online resource (xi, 280 pages)

Other Title:

Constitutional Law and Precedent

Place of Publication:

London : Taylor & Francis, 2022.

Language Note:

In English.

Summary:

"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"-- Provided by the publisher.

Contents:

Introduction : on the methodology of the research on case-based reasoning in constitutional adjudication / Monika Florczak-Wątor

United States of America. The Supreme Court of the United States : legitimate law-maker and constitutional interpreter / Paweł Laidler

Canada. The Supreme Court of Canada : the road to authority, legitimacy, and independence / Bradford W. Morse, Kimia Jalilvand

Australia. Precedents and case-based reasoning in the Case-Law of The High Court of Australia / Selena Bateman, Adrienne Stone

Germany. The role of precedents and case-based reasoning in the German Federal Constitutional Court / Ruth Weber, Laura Wittmann

Hungary. Precedents and case-based reasoning in the Case-Law of the Hungarian Constitutional Court / Zoltan Pozsar-Szentmikolsy

Italy. Precedents and case-based reasoning in the adjudications of the Italian Constitutional Court / Giovanni Cavaggion

Latvia. Precedents and case-based reasoning in constitutional adjudication : The Republic of Latvia / Anita Rodiņa

Poland. Precedents and case-based reasoning in the Case-Law of the Constitutional Tribunal of the Republic of Poland / Piotr Czarny, Monika Florczak-Wątor

Romania. The Role of precedents and case-based reasoning in the Case-Law of the Romanian Constitutional Court / Bianca Selejan-Guțan, Elena-Simina Tănăsescu

Court of Justice of the European Union - 'stone-by-stone' case-based reasoning / Alicja Sikora

European Court of Human Rights. Precedent in the system of the European Convention on Human Rights / Krzysztof Wojtyczek

Conclusion. The role of case-based reasoning in constitutional adjudication : a comparative study / Monika Florczak-Wątor.

Notes:

Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode

Description based on: online resource; title from information screen page (Taylor & Francis Group, viewed December 23, 2022).

ISBN:

1-03-220587-3

1-00-326426-3

1-000-58999-4

1-000-58993-5

OCLC:

1308515667

Access Restriction:

Unrestricted online access.