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Public Reason and Courts (eBook)

Edited by: Silje Langvatn, Mattias Kumm, Wojciech Sadurski

ISBN13: 9781108801409
Published: June 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £68.00
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Public Reason and Courts is an interdisciplinary study of public reason and courts with contributions from leading scholars in legal theory, political philosophy and political science. The book's chapters demonstrate the breadth of ways in which public reason and public justification is currently seen as relevant for adjudicative reasoning and review practices, and includes critical assessments of different ways that the idea of public reason has been applied to courts. It shows that public reason is not just an abstract theoretical concept used by political philosophers, but an idea that spurs new perspectives and normative frameworks also for legal scholars and judges. In particular, the book demonstrates the potential, and the limitations, of the idea of public reason as a source of legitimacy for courts, in a context where many courts face political backlashes and crisis of trust.

  • An interdisciplinary study of public reason and courts with contributions from legal theory, political philosophy and political science
  • Showing how theories of public reason can inform, and sometimes explain, the jurisprudence of constitutional and international courts
  • A respected line-up of scholars from different legal and constitutional traditions help readers get acquainted with the most recent advances in legal and constitutional scholarship

Subjects:
eBooks, Courts and Procedure
Contents:
Preface
Silje A. Langvatn, Wojciech Sadurski and Mattias Kumm
1. Taking Public Reason to Court: Understanding References to Public Reason in Discussions about Courts and Adjudication
Silje Aambø Langvatn
Part I. Public Reason in Constitutional Courts:
2. Must Laws Be Motivated by Public Reason?
Micah Schwartzman
3. The Importance of Constitutional Public Reason
Ronald C. Den Otter
4. The Question of Constitutional Fidelity: Rawls on the Reason of Constitutional Courts
Frank I. Michelman
5. The Challenges of Islamic Law Adjudication in Public Reason
Mohammad H. Fadel
6. “We Hold these Truths to be Self-Evident”: Constitutionalism, Public Reason and Legitimate Authority
Mattias Kumm
7. A Kantian System of Constitutional Justice: Rights, Trusteeship and Balancing
Alec Stone Sweet and Eric Palmer
8. Laws, Norms, and Public Justification: The Limits of Law as an Instrument of Reform
Jacob Barrett and Gerald F. Gaus
Part II. Public Reason in International Courts and Tribunals:
9. European Court of Human Rights in Pursuit of Public Reason? A Study of Lost Opportunities
Wojciech Sadurski
10. The Right to Justification in the Context of Proportionality: A Plea for Determinacy and Stability
Alain Zysset
11. “Going Public:” Reasoning and Justification at the “World Trade Court”
Sivan Agon Shlomo
Part III. Critical Perspective on Public Reason in Courts:
12. Constitutional Interpretation and Public Reason: Seductive Disanalogies
Christopher F. Zurn.

Series: Studies on International Courts and Tribunals

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