This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there ar...Lasīt vairāk
This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation.This second volume builds upon the insights of the first volume, which includes national...Lasīt vairāk
This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies.It does so on three main grounds: anachronism, othering and cultural specif...Lasīt vairāk
Explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. This open access book explores the connection between proportionality and the moral concept of freedom from a...Lasīt vairāk
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project.At the theoretical level...Lasīt vairāk
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and...Lasīt vairāk
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another a...Lasīt vairāk
This collection of essays from Dieter Grimm, Germanys most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, t...Lasīt vairāk
This book provides a theoretical framework which clarifies how different types of international norm conflicts can be solved efficiently. By drawing on Robert Alexys distinction between rules and principles, it develops a novel approach which hel...Lasīt vairāk
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project.At the theoretical level...Lasīt vairāk
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and...Lasīt vairāk
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author arg...Lasīt vairāk
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority a...Lasīt vairāk
This book uses rich proportionality jurisprudence from Australia, Germany, Canada, and South Africa to investigate the role of facts in constitutional adjudication....Lasīt vairāk
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philo...Lasīt vairāk
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there ar...Lasīt vairāk
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philoso...Lasīt vairāk
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test suitability, necessity, and balancing it...Lasīt vairāk
