Constitutions, Courts, and History
eBook - PDF

Constitutions, Courts, and History

Historical Narratives in Constitutional Adjudication

  1. 366 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Constitutions, Courts, and History

Historical Narratives in Constitutional Adjudication

About this book

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike.

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Yes, you can access Constitutions, Courts, and History by Renata Uitz in PDF and/or ePUB format, as well as other popular books in Law & Political Philosophy. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Central European University Press
Year
2005
Print ISBN
9789637326387
eBook ISBN
9786155053733
Topic
Law
Subtopic
Political Philosophy
Index
Law

Table of contents

  1. Cover
  2. Title page
  3. Copyright page
  4. Table of Contents
  5. Preface and Acknowledgements
  6. INTRODUCTION Constitutional Adjudication Haunted by Indeterminacy
  7. CHAPTER ONE Historical Narratives in Constitutional Reasoning: Intuitions andMyths Revisited
  8. CHAPTER TWO An Overview of Arguments Used in Constitutional Adjudication
  9. CHAPTER THREE The Constitutional Text in the Light of History
  10. CHAPTER FOUR Behind Historical Narratives: The Promise of Continuity
  11. CHAPTER FIVE The Fruits of Reconciliation: A Bittersweet Harvest
  12. CONCLUSION
  13. Bibliography
  14. Index
  15. Back cover