Constitutional law and precedent : international perspectives on case-based reasoning /
"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 funda...
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| Format: | eBook |
| Language: | English |
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London ; New York :
Routledge,
2022.
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| Online Access: | Connect to the full text of this electronic book |
| Summary: | "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"-- |
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| Physical Description: | 1 online resource (xi, 280 pages) |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9781003264262 1003264263 9781000589931 1000589935 9781000589993 1000589994 |