World Congress of the International Association for Philosophy of Law and Social Philosophy (28th : 2017 : Lisbon, Portugal)
Title:
The role of legal argumentation and human dignity in constitutional courts : proceedings of the special workshops held at the 28th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lisbon, 2017 / edited by Miguel Nogueira de Brito, Rachel Herdy, Giovanni Damele, Pedro Moniz Lopes, Jorge Silva Sampaio.
The argument from human dignity: legal paternalism and restriction on fundamental rights / Mariana Melo Egídio. Appeals to expert opinion in high courts / Rachel Herdy -- "Less is more": against argumentative saturation in legal decision-making / Fernando Leal -- Abusive obiter dicta: a typology of illegitimate judicial pronouncements / Thomas Bustamante -- Rights, proportionalism and inclusive adjudication / Chiara Valentini -- Local priority in constitutional argumentation: threat or healthy contribution to international law? / Alberto Puppo -- Is there any absolute concept of dignity? / Miguel Nogueira de Brito -- Interpretative and normative ambivalences of human dignity: rights, dignity and morality in Fleming v Ireland / Pedro Moniz Lopes -- Human dignity's contestedness, analytical reconstruction of the prohibition of instrumentalization and a reassessment of the Aviation Security Act case / Jorge Silva Sampaio -- The argument from human dignity: legal paternalism and restriction on fundamental rights / Mariana Melo Egídio.
Summary:
The legal argumentation of constitutional courts, for instance on human dignity, has been in the centre of interest both from theoretical and practical perspectives. This book addresses the role of legal argumentation at first in general, covering empirical and comparative perspectives on constitutional argumentative practices. It also comprises a comparative assessment of constitutional argumentation versus the arguments deployed by other courts as well as by decision-makers. Secondly, the book focuses on how constitutional courts reason with human dignity. This concept takes many different shapes, though very rarely in an objective fashion. It is embedded in several western constitutions, although constitutional courts and scholars tend to disagree on its meaning and content. Finally, the book aims to shed light on the controversial topic of human dignity from a normative and philosophical perspective.
Series:
Archiv für Rechts- und Sozialphilosophie. Beiheft, 0341-079X ; 157
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.