Constitutionally Conforming Interpretation - Comparative Perspectives : Volume 2: Connections and Analysis.

Format:

Book

Contributor:

Klatt, Matthias, editor.

Bloomsbury (Firm), publisher.

Series:

Hart studies in constitutional theory ; v. 10.

Hart studies in constitutional theory ; volume 10

Language:

English

Subjects (All):

Constitutional law.

Physical Description:

1 online resource (307 pages)

Edition:

1st edition.

Other Title:

Connections and analysis

Place of Publication:

London : Hart Publishing, 2025.

Summary:

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation.This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation.

Contents:

Intro

Series Editors' Foreword

Preface

Contents

Editor and Author Biographies - Vol 2

PART I: CCI IN THE INTERNATIONAL CONTEXT

1. Conforming Interpretation in the EU Through the Lens of the CJEU's Case Law

I. Introduction

II. Conforming Interpretation to EU Directives

III. Conforming Interpretation to the Charter of Fundamental Rights

IV. Conforming Interpretation and EU Values: Toward a 'Value Conforming Interpretation'?

V. The Future of Conforming Interpretation in the EU Legal Sphere

2. EU Constitutional Conflicts and Constitutionally Conforming Interpretation

II. Regulated Cases: Inter-systemic Interaction and Conforming Constitutional Interpretation

III. Unregulated Cases

IV. Constitutionally Conforming Interpretation and Unregulated Cases: An Interpretive Approach

V. Interpretive Intersystemic Interactions as Constitutionally Conforming Interpretation

VI. Conclusion

3. Constitutionally Conforming Interpretation and the Constitutionalisation of International Law: Certain Public Law Elements Short of Constitutionalism

II. State Centrism and the Private Law Paradigm

III. The International Community as a Whole

IV. The Rudimentary Public Law Structure

V. From Constitutionalism to Systemic Integration

4. Conforming Legal Interpretation Based on International Law: The Use of Unwritten Principles, the Example of Equality of Arms

I. Preliminary Matters

II. Conforming Legal Interpretation Based on International Law

III. Case Study: The Unwritten Procedural Principle of Equality of Arms

IV. Concluding Remarks

PART II: CRITICAL PERSPECTIVES

5. There is No Such Thing as the Duty to Save a Statute

II. The Premises

III. Two Exercises.

IV. Constitutionally Conforming Interpretation as Judicial Review of Legislation

V. Conclusion

6. Constitutionally Conforming Interpretation and the Invisible Constitution

I. Introduction and Scope

II. The Implications of an Invisible Constitution

III. A Spectrum of (In)visibility? The Implication for Constitutionally Conforming Interpretation

IV. Conclusion

7. Constitutionally Conforming Argumentation and Legalism

I. Constitutionally Conforming Interpretation as an Epiphenomenon

II. The Widower Case

III. The Same-sex Marriage Case

IV. Constitutionally Conforming Interpretation and Legalism

V. Conclusions and Consequences

8. What is the 'Doomsday Weapon' - Annulment or Interpretation? A Critical Perspective on Constituti

II. A Brief History of Israeli Constitutional Law

III. Constitutionally Conforming Interpretation Prior to the Constitutional Revolution

IV. Interpretation in Accordance with the Basic Laws after the Constitutional Revolution

V. Interpretation According to the Constitution at the Constitutional Level

VI. A Critical Perspective: Why Interpretation According to the Constitution may Often be More Intrusive than Invalidation

VII. Conclusion

9. Constitutionally Conforming Interpretation and Constitutional Amendments

II. The Specificity of Constitutional Amendment Review

III. The Substantive Review of Constitutional Amendments and Unconstitutional Constitutional Amendment Doctrines

IV. Informal (De Facto) Constitutional Amendments

PART III: COMPARISON AND ANALYSIS

10. Partly Laws Common to All Judge-Kind: The Commonality and Divergence of Constitutionally Conforming Interpretation

II. The Commonality of Constitutionally Conforming Interpretation.

III. Intensification of Constitutionally Conforming Interpretation

IV. Factors Motivating Adoption of Constitutionally Conforming Interpretation

V. Convergence and Divergence of Motivating Factors

11. Placing Constitutionally Conforming Interpretation in its Larger Theoretical and Political Contexts

I. Setting the Landscape Surrounding Discussions Relating to Constitutionally Conforming Interpretation

II. The Vicissitudes of Legal and Constitutional Interpretation

III. The Concurrent Internationalisation of Constitutional Law and Constitutionalisation of International Law

IV. Antimajoritarian Adjudication and Democracy

V. The Interplay between Judicial Politics and Ordinary Politics

12. Six Problems with Constitutionally Conforming Interpretation

II. The Law as a System

III. The Presumption of Constitutionality

IV. The Principle Favor Legis

V. Reversed Conforming Interpretation

VI. The Balancing of Competences

VII. Further Development of the Law

Index.

ISBN:

1-5099-5381-7

1-5099-5383-3

1-5099-5382-5

OCLC:

1520506285