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.

Les mer

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, Eoin 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)

Les mer
Part of a 2-volume work which presents an in-depth investigation into constitutional interpretation. The book critically addresses common fundamental issues in the national, supranational and international context.
Les mer
Volume 2 of a 2-volume work on constitutional interpretation

Thought-provoking works of scholarship addressing diverse aspects of constitutional theory in a concise and crystalline manner.
Authors writing for this series cover a wide range of perspectives, methods, and regions, to enhance our understanding of constitutions as central institutions of modern public life. Taken together, the books in this series aim to challenge established wisdom and advance original ideas.

This series is a natural home for books interrogating the concepts and structures of constitutions on the national, the supranational and the international level. Its guiding philosophy is that the task of constitutional theory is not only to delineate the basic structures of government and to protect human rights, but also more broadly to offer methods for grappling with the social, political, and economic problems societies face today.

The series is open to theoretical, normative, analytical, empirical and comparative approaches, stemming from legal studies as well as from political philosophy and political science. In its ambition to become a global forum for debate about constitutional theory, the series editors welcome submissions for monographs as well as edited volumes from all parts of the world.

If you are interested in submitting a proposal to this series please contact Kate Whetter (katew@hartpub.co.uk) for more details.

Series Advisory Board:
Virgílio Afonso da Silva, University of São Paulo, Brazil
Trevor Allan, University of Cambridge, UK
Cora Chan, University of Hong Kong, Hong Kong
Rosalind Dixon, University of New South Wales, Australia
Rainer Forst, Goethe Universistät, Germany
Gabor Halmai, European University Institute, Italy
Tarunabh Khaitan, University of Oxford, UK
Vanessa MacDonnell, University of Ottawa, Canada
Yaniv Roznai, Harry Radzyner Law School, Israel
Fred Schauer, University of Virginia, USA
Mila Versteeg, University of Virgina, USA

Les mer

Produktdetaljer

ISBN
9781509953806
Publisert
2025-08-21
Utgiver
Bloomsbury Publishing PLC
Vekt
610 gr
Høyde
236 mm
Bredde
158 mm
Dybde
24 mm
Aldersnivå
P, UP, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
312

Redaktør

Biografisk notat

Matthias Klatt is Professor of Jurisprudence at the University of Graz, Austria.