The new issue of the German Law Journal, Review of
Developments in German, European and International Jurisprudence is
now available at www.germanlawjournal.com.
The new issue is an international and comparative Symposium on Constitutional Reasoning, which brings together an impressive and inspiring international group of scholars in constitutional law, comparative law, legal theory and legal philosophy. The Symposium, as highlighted by the author of the introduction, the President of the Federal Constitutional Court of Germany, Professor Andreas Vosskuhle, is both timely and on the cutting edge of comparative constitutionalism, as it illustrates the relevance of contextualized and historically informed comparative jurisprudence. Such scholarship navigates the boundaries between adjudication and comparative constitutional theory and further informs the fast growing and increasingly global practice and discourse on judicial dialogue.
The new issue is an international and comparative Symposium on Constitutional Reasoning, which brings together an impressive and inspiring international group of scholars in constitutional law, comparative law, legal theory and legal philosophy. The Symposium, as highlighted by the author of the introduction, the President of the Federal Constitutional Court of Germany, Professor Andreas Vosskuhle, is both timely and on the cutting edge of comparative constitutionalism, as it illustrates the relevance of contextualized and historically informed comparative jurisprudence. Such scholarship navigates the boundaries between adjudication and comparative constitutional theory and further informs the fast growing and increasingly global practice and discourse on judicial dialogue.
Special Issue—Constitutional Reasoning
Special Issue Editors
Arthur Dyevre & András Jakab
Introduction
Preface to the German Law Journal’s Constitutional Reasoning Special Edition - PDF - Andreas Voßkuhle
Foreword: Understanding Constitutional Reasoning - PDF - Arthur Dyevre & András Jakab
Foreword: Understanding Constitutional Reasoning - PDF - Arthur Dyevre & András Jakab
Part A: Political Theory and Constitutional Reasoning
Democracy as Public Law: The Case of Constitutional Rights - PDF - Richard Bellamy
Constitutional Rights and Democracy: A Reply to Professor Bellamy - PDF - W.J. Waluchow
Constitutional Reasoning According to Political Constitutionalism: Comment on Richard Bellamy - PDF - Marco Goldoni
In Search of a First-Person Plural, Second-Best Theory of Constitutional Interpretation - PDF- Tamás Győrfi
Comment on Győrfi—Dworkin, Vermeule and Győrfi on Constitutional Interpretation: Remarks on a Meta-Interpretive Disagreement - PDF - Thomas Bustamante
Law as Integrity and Law as Identity: Legal Reasoning, State Intervention, and Public Policies- PDF - Marcos Vinício Chein Feres
Does Economic Analysis of Law Need Moral Foundations?: Comment on Chein - PDF - Giovanni Tuzet
Constitutional Reasoning and Political Deliberation - PDF - Cesare Pinelli
A Plea for a Hint of Empiricism in Constitutional Theory: A Comment on Cesare Pinelli’s Constitutional Reasoning and Political Deliberation - PDF - Guillaume Tusseau
Not Only ‘Who Decides’: The Rhetoric of Conflicts over Judicial Appointments - PDF - Fernando Munoz L.
On Judicial Appointments and Constitutional Adjudication: A Reply to Fernando Muñoz - PDF- Aida Torres Pérez
Constitutional Rights and Democracy: A Reply to Professor Bellamy - PDF - W.J. Waluchow
Constitutional Reasoning According to Political Constitutionalism: Comment on Richard Bellamy - PDF - Marco Goldoni
In Search of a First-Person Plural, Second-Best Theory of Constitutional Interpretation - PDF- Tamás Győrfi
Comment on Győrfi—Dworkin, Vermeule and Győrfi on Constitutional Interpretation: Remarks on a Meta-Interpretive Disagreement - PDF - Thomas Bustamante
Law as Integrity and Law as Identity: Legal Reasoning, State Intervention, and Public Policies- PDF - Marcos Vinício Chein Feres
Does Economic Analysis of Law Need Moral Foundations?: Comment on Chein - PDF - Giovanni Tuzet
Constitutional Reasoning and Political Deliberation - PDF - Cesare Pinelli
A Plea for a Hint of Empiricism in Constitutional Theory: A Comment on Cesare Pinelli’s Constitutional Reasoning and Political Deliberation - PDF - Guillaume Tusseau
Not Only ‘Who Decides’: The Rhetoric of Conflicts over Judicial Appointments - PDF - Fernando Munoz L.
On Judicial Appointments and Constitutional Adjudication: A Reply to Fernando Muñoz - PDF- Aida Torres Pérez
Part B: Technique, Doctrine and Internal Logic of Constitutional Reasoning
Judicial Reasoning in Constitutional Courts: A European Perspective - PDF - András Jakab
Clarifying, Creating, and Changing Meaning in Constitutional Interpretation: A Comment on András Jakab, “Constitutional Reasoning in Constitutional Courts—A European Perspective.” - PDF - Jeffrey Goldsworthy
The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court - PDF - Mher Arshakyan
Which Kind of Discretion in Constitutional Adjudication? A Discussion of Mher Arshakyan’s The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court - PDF - Federico José Arena
Dissenting Opinions in Constitutional Courts - PDF - Katalin Kelemen
Comment on Katalin Kelemen—Activist EU Court “Feeds” on the Existing Ban on Dissenting Opinions: Lifting the Ban is Likely to Improve the Quality of EU Judgments - PDF - Hjalte Rasmussen & Louise Nan Rasmussen
How to Compare the Length of Lines to the Weight of Stones: Balancing and the Resolution of Value Conflicts in Constitutional Law - PDF - Niels Petersen
On Apples and Oranges. Comment on Niels Petersen - PDF - Martin Borowski
The Logic of Proportionality: Reasoning with Non-Numerical Magnitudes - PDF - Giovanni Sartor
Remarks on Giovanni Sartor’s Paper, The Logic of Proportionality: Reasoning with Non-Numerical Magnitudes - PDF - Wojciech Załuski
Constitutional Reasoning as Legitimacy of Constitutional Comparison - PDF - Konrad Lachmayer
Constitutional Reasoning As Legitimacy of Constitutional Comparison: Comment on Konrad Lachmayer - PDF - Cheryl Saunders
Clarifying, Creating, and Changing Meaning in Constitutional Interpretation: A Comment on András Jakab, “Constitutional Reasoning in Constitutional Courts—A European Perspective.” - PDF - Jeffrey Goldsworthy
The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court - PDF - Mher Arshakyan
Which Kind of Discretion in Constitutional Adjudication? A Discussion of Mher Arshakyan’s The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court - PDF - Federico José Arena
Dissenting Opinions in Constitutional Courts - PDF - Katalin Kelemen
Comment on Katalin Kelemen—Activist EU Court “Feeds” on the Existing Ban on Dissenting Opinions: Lifting the Ban is Likely to Improve the Quality of EU Judgments - PDF - Hjalte Rasmussen & Louise Nan Rasmussen
How to Compare the Length of Lines to the Weight of Stones: Balancing and the Resolution of Value Conflicts in Constitutional Law - PDF - Niels Petersen
On Apples and Oranges. Comment on Niels Petersen - PDF - Martin Borowski
The Logic of Proportionality: Reasoning with Non-Numerical Magnitudes - PDF - Giovanni Sartor
Remarks on Giovanni Sartor’s Paper, The Logic of Proportionality: Reasoning with Non-Numerical Magnitudes - PDF - Wojciech Załuski
Constitutional Reasoning as Legitimacy of Constitutional Comparison - PDF - Konrad Lachmayer
Constitutional Reasoning As Legitimacy of Constitutional Comparison: Comment on Konrad Lachmayer - PDF - Cheryl Saunders
Part C: Case Studies
Methods of Interpreting Competence Norms: Judicial Allocation of Powers in a Comparative Perspective - PDF - Maribel González Pascual
Comment on Maria Isabel González Pascual’s Methods of Interpreting Competence Norms: Judicial Allocation of Powers in a Comparative Perspective - PDF - Allan F. Tatham
In the Name of Comparative Constitutional Jurisprudence: The Consideration of German Precedents by South African Constitutional Court Judges - PDF - Christa Rautenbach & Lourens du Plessis
Why Should the South African Constitutional Court Consider German Sources? Comment on Du Plessis and Rautenbach - PDF - Francois Venter
The Interpretive Practice of the Hungarian Constitutional Court: A Critical View - PDF - Zoltán Szente
Historicism or Art Nouveau in Constitutional Interpretation? A comment on Zoltán Szente’s The Interpretive Practice of the Hungarian Constitutional Court—A Critical View - PDF - Gábor Attila Tóth
Comment on Maria Isabel González Pascual’s Methods of Interpreting Competence Norms: Judicial Allocation of Powers in a Comparative Perspective - PDF - Allan F. Tatham
In the Name of Comparative Constitutional Jurisprudence: The Consideration of German Precedents by South African Constitutional Court Judges - PDF - Christa Rautenbach & Lourens du Plessis
Why Should the South African Constitutional Court Consider German Sources? Comment on Du Plessis and Rautenbach - PDF - Francois Venter
The Interpretive Practice of the Hungarian Constitutional Court: A Critical View - PDF - Zoltán Szente
Historicism or Art Nouveau in Constitutional Interpretation? A comment on Zoltán Szente’s The Interpretive Practice of the Hungarian Constitutional Court—A Critical View - PDF - Gábor Attila Tóth
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