The Role of Legal Argumentation and Human Dignity in Constitutional Courts

The Role of Legal Argumentation and Human Dignity in Constitutional Courts Proceedings of the Special Workshops Held at the 28th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lisbon, 2017

Paperback (01 Feb 2019)

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Publisher's Synopsis

The legal argumentation of constitutional courts, for instance on human dignity has been in the centre of interest both from a theoretical and practical perspective. This book addresses the role of legal argumentation at first in general, covering empirical and comparative perspectives on constitutional argumentative practices. It also comprises a comparative assessment of constitutional argumentation versus argumentation deployed by other courts as well as by decision-makers. Secondly, the book focuses on how constitutional courts reason with human dignity. This concept takes many different shapes, though very rarely in an objective fashion. It is embedded in several western constitutions, although constitutional courts and scholars tend to disagree on its meaning and content. Finally, the book aims to shed light on the controversial topic of human dignity from a normative and philosophical perspective.

Book information

ISBN: 9783848757220
Publisher: Nomos Verlagsgesellschaft
Imprint: Nomos Verlagsgesellschaft
Pub date:
Language: English
Number of pages: 240
Weight: 4120g
Height: 239mm
Width: 170mm
Spine width: 0mm