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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Comparative Constitutional Reasoning

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Edited by: Andras Jakab, Arthur Dyevre, Itzcovich Giulo

ISBN13: 9781107085589
To be Published: February 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £99.99



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.

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Subjects:
Constitutional and Administrative Law, Comparative Law
Contents:
1. Introduction: comparing constitutional reasoning with quantitative and qualitative methods Andras Jakab, Arthur Dyevre, Giulio Itzcovic
2. The high court of Australia Cheryl Saunders and Adrienne Stone
3. The Austrian constitutional court Konrad Lachmayer
4. The supreme federal tribunal of Brazil Conrado Hubner Mendes
5. The supreme court of Canada Hugo Cyr and Monica Popescu
6. The constitutional court of the Czech Republic Zdenek Kuhn
7. The European court of human rights Janneke Gerards
8. The European court of justice Giulio Itzcovich
9. The French constitutional council Arthur Dyevre
10. German federal constitutional court Michaela Hailbronner and Stefan Martini
11. The constitutional court of Hungary Andras Jakab and Johanna Frohlich
12. The supreme court of Ireland Eoin Carolan
13. The Israeli supreme court Suzie Navot
14. The constitutional court of Italy Tania Groppi and Irene Spigno
15. The constitutional court of South Africa Christa Rautenbach and Lorens du Plessis
16. The Spanish constitutional court Marian Ahumada Ruiz
17. The constitutional court of Taiwan Wen-Chen Chang
18. The supreme court (house of lords) of the United Kingdom Tamas Gyorfi
19. The supreme court of the United States Howard Schweber and Jennifer L. Brookhart
20. Conclusion Andras Jakab, Arthur Dyevre and Giulio Itzcovich