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Comparative Constitutional Reasoning
A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.
The Negative Turn in Comparative Law
This book’s essays aim subversively and resolutely to replace the hegemonic discursive frame governing comparative law. Beyond harnessing negative critique to resist the orthodoxy’s self-assured cognitive assumptions, at once unexamined and indefensible, the argument mobilizes negativity as an empowering idea, a resource towards the displacement of the brand of comparative law that has been fostering a closing of the comparing mind. To answer the demands of the moment and herald foreign law research as a creditable intellectual development, one requires to engage in a culturalist theorization and practice of comparative law at radical variance from the prevailing positivist model. The ne...
In the Court We Trust
Explains the lack of dialogue between the CJEU and Supreme Administrative Courts, offering scenarios for fruitful co-actorship between them.
Advanced Introduction to Legal Research Methods
Written by Ernst Hirsch Ballin, this original Advanced Introduction uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. The author shows how such methods differ along critical, empirical, and fundamental lines, and how our understanding of these is crucial to overcoming crises and restoring trust in the law. Key topics include a consideration of law as a normative language and an examination of the common objects of legal research.
The Equilibrium of Parliamentary Law-making
This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of...
Real Social Science
A new, hands-on approach to social inquiry for social scientists who wish to make a difference to policy and practice.
Comparative Constitutional Reasoning
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
European Constitutional Language
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
The Many Concepts of Social Justice in European Private Law
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading interna...
