Comparative Constitutional Reasoning

András Jakab, Arthur Dyevre, Giulio Itzcovich

• Publisher: Cambridge University Press
• Year: 2017
• Print ISBN:
  9781107085589
• eBook ISBN:
  9781108139090
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

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.

Table of contents

• Cover
• Half title
• Title
• Copyright
• Contents
• List of Contributors
• Preface
• Note on Online Materials
• Introduction: Comparing Constitutional Reasoning with Quantitative and Qualitative Methods
• 1 The High Court of Australia
• 2 The Austrian Constitutional Court
• 3 The Supreme Federal Tribunal of Brazil
• 4 The Supreme Court of Canada
• 5 The Constitutional Court of the Czech Republic
• 6 The European Court of Human Rights
• 7 The European Court of Justice
• 8 The French Constitutional Council
• 9 The German Federal Constitutional Court
• 10 The Constitutional Court of Hungary
• 11 The Supreme Court of Ireland
• 12 The Israeli Supreme Court
• 13 The Constitutional Court of Italy
• 14 The Constitutional Court of South Africa
• 15 The Spanish Constitutional Court
• 16 The Constitutional Court of Taiwan
• 17 The Supreme Court (House of Lords) of the United Kingdom
• 18 The Supreme Court of the United States
• Conclusion
• Appendix
• Index