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oapen-20.500.12657-535762023-07-11T09:07:56Z Constitutional Law and Precedent Florczak-Wątor, Monika case-based reasoning constitutional adjudication constitutional courts European international courts precedents bic Book Industry Communication::L Law::LA Jurisprudence & general issues bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAM Comparative law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LND Constitutional & administrative law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNA Legal system: general::LNAA Courts & procedure bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions bic Book Industry Communication::J Society & social sciences::JP Politics & government::JPH Political structure & processes::JPHC Constitution: government & the state 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. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. 2022-03-23T09:56:25Z 2022-03-23T09:56:25Z 2022 book ONIX_20220323_9781000589931_31 9781000589931 9781032205847 9781032205878 9781003264262 https://library.oapen.org/handle/20.500.12657/53576 eng application/pdf n/a 9781000589931.pdf Taylor & Francis Routledge 10.4324/9781003264262 10.4324/9781003264262 7b3c7b10-5b1e-40b3-860e-c6dd5197f0bb Uniwersytet Jagielloński w Krakowie 9781000589931 9781032205847 9781032205878 9781003264262 Routledge 292 open access
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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. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges.
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