Full Description
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 reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights.
Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.
Contents
Preface, Matthias Klatt (University of Graz, Austria)
Part I: CCI in the International Context
1. Conforming Interpretation in the EU Through the Lens of the CJEU's Case Law, Antonia Baraggia (University of Milan, Italy)
2. EU Constitutional Conflicts and Constitutionally Conforming Interpretation, Cormac Mac Amhlaigh (University of Edinburgh, UK)
3. Constitutionally Conforming Interpretation and the Constitutionalisation of International Law: Certain Public Law Elements Short of Constitutionalism, Jure Vidmar (Maastricht University, the Netherlands)
4. Conforming Legal Interpretation based on International Law: The Use of Unwritten Principles, the Example of Equality of Arms, Stéphane Beaulac (University of Montreal, Canada)
Part II: Critical Perspectives
5. There Is No Such Thing as The Duty to Save a Statute, Virgílio Afonso da Silva (University of São Paulo, Brazil)
6. Constitutionally Conforming Interpretation and the Invisible Constitution, Eion Carolan (University College Dublin, Ireland)
7. Constitutionally Conforming Argumentation and Legalism, Alfonso García Figueroa (University of Castilla-La Mancha, Spain)
8. What is the 'Doomsday Weapon' - Annulment or Interpretation? A Critical Perspective on Constitutionally Conforming Interpretation in Israel, Hillel Sommer (Radzyner Law School, Israel) and Yaniv Roznai (Radzyner Law School, Israel)
9. Constitutionally Conforming Interpretation and Constitutional Amendments, Silvia Suteu (University College London, UK)
Part III: Comparison and Analysis
10. Partly Laws Common to all Judge-Kind: The Commonality and Divergence of Constitutionally Conforming Interpretation, Oran Doyle (Academia Sinica, Taiwan)
11. Placing Constitutionally Conforming Interpretation in its Larger Theoretical and Political Contexts, Michel Rosenfeld (Cardozo School of Law, USA)
12. Six Problems of Constitutionally Conforming Interpretation, Matthias Klatt (University of Graz, Austria)
