Constitutional Law and Precedent: International Perspectives on Case-Based Reasoning Florczak-W?tor Monika
Constitutional Law and Precedent: International Perspectives on Case-Based Reasoning Florczak-W?tor Monika This collection examines case-based reasoning in constitutional adjudication; that is, how…
Specifikacia Constitutional Law and Precedent: International Perspectives on Case-Based Reasoning Florczak-W?tor Monika
Constitutional Law and Precedent: International Perspectives on Case-Based Reasoning Florczak-W?tor Monika
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. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. At the same time, it is the most common form of reasoning used by courts.
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, The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways.