Index. Introduction : The role of precedents and case-based reasoning in constitutional adjudication : a comparative study / Monika Florczak-Wa·tor -- Part I Supreme courts in the common law system -- 1. The Supreme Court of the United States : legitimate law-maker and constitutional interpreter / Pawe¿ Laidler -- 2. The Supreme Court of Canada : the road to authority, legitimacy, and independence / Bradford W. Morse, Kimia Jalilvand -- 3. Precedents and case-based reasoning in the ase law of the High Court of Australia / Selena Bateman, Adrienne Stone -- Part II Constitutional courts in the civil law system -- 4. The role of precedents and case-based reasoning in the German Federal Constitutional Court / Ruth Weber, Laura Wittmann -- 5. Precedents and case-based reasoning in the case law of the Hungarian Constitutional Court / Zoltan Pozsar-Szentmikolsy -- 6. Precedents and case-based reasoning in the adjudications of the Italian Constitutional Court / Giovanni Cavaggion -- 7. Precedents and case-based reasoning in constitutional adjudication : the Republic of Latvia / Anita Rodinʹa -- 8. Precedents and case-based reasoning in the case law of the Constitutional Tribunal of the Republic of Poland / Piotr Czarny, Monika Florczak-Wa·tor -- 9. The role of precedents and case-based reasoning in the case law of the Romanian Constitutional Court / Bianca Selejan-GutŒan, Elena-Simina Tanasescu -- Part III International courts in the European law system -- 10. Court of Justice of the European Union : 'stone-by-stone' case-based reasoning / Alicja Sikora -- 11. Precedent in the system of the European Convention on Human Rights / Krzysztof Wojtyczek -- Part IV Comparative analysis -- 12. The role of precedents and case-based reasoning in constitutional adjudication : a comparative study / Monika Florczak-Wa·tor -- Index.
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"-- Provided by the publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.