Constitutional Law and Precedent

ISBN-13: 9781032205878 / Miękka / 2023 / 280 str.

Opis

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.

Spis treści

Introduction: On the Methodology of the Research on Case-Based Reasoning in Constitutional Adjudication

PART I: Supreme Courts in Common Law System

Chapter 1: United States of America

The Supreme Court of the United States: legitimate law-maker and constitutional interpreter

Chapter 2: Canada

The Supreme Court of Canada: The Road to Authority, Legitimacy, and Independence

Chapter 3: Australia

Precedents and Case-Based Reasoning in the Case-Law of The High Court of Australia

　

PART II: Constitutional Courts in Civil Law System

Chapter 4: Germany

The Role of Precedents and Case-Based Reasoning in the German Federal Constitutional Court

Chapter 5: Hungary

Precedents and Case-Based Reasoning in the Case-Law of the Hungarian Constitutional Court

Chapter 6: Italy

Precedents and Case-Based Reasoning in the Adjudications of the Italian Constitutional Court

Chapter 7: Latvia

Precedents and Case-Based Reasoning in Constitutional Adjudication: The Republic of Latvia

Chapter 8: Poland

Precedents and Case-Based Reasoning in the Case-Law of the Constitutional Tribunal of the Republic of Poland

Chapter 9: Romania

The Role of Precedents and Case-Based Reasoning in the Case-Law of the Romanian Constitutional Court

 

PART III: International Courts in European Law System

Chapter 10: Court of Justice of the European Union

Court of Justice of the European Union – ‘Stone-by-Stone’ Case-Based Reasoning

Chapter 11: European Court of Human Rights

Precedent in the System of the European Convention on Human Rights

　

PART IV: Comparative Analysis

Chapter 12: Conclusion

The Role of Case-Based Reasoning in Constitutional Adjudication: A Comparative Study

 

Index

O autorze

Monika Florczak-Wątor is a full professor at the Department of Constitutional Law of the Jagiellonian University in Krakow, a director of the Center for Interdisciplinary Constitutional Studies of the Jagiellonian University and director of the Interdisciplinary Program 'Society of the Future' at the Doctoral School in the Social Sciences of the Jagiellonian University, Poland.