Constitutional Topography
Author | : András Sajó |
Publisher | : Eleven International Publishing |
Total Pages | : 440 |
Release | : 2010 |
ISBN-10 | : STANFORD:36105134518112 |
ISBN-13 | : |
Rating | : 4/5 (12 Downloads) |
Book excerpt: This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.