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 / edited by Miguel Nogueira de Brito [and 4 others].
2019
KK883.A15 A73 ser.2 v.157 (Mapit)
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Title
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 / edited by Miguel Nogueira de Brito [and 4 others].
Added Author
Imprint
Stuttgart : Baden-Baden : Franz Steiner Verlag, Nomos, [2019].
Description
239 pages : illustrations ; 24 cm.
Series
Archiv für Rechts- und Sozialphilosophie. Beiheft ; N.F. 157.
Formatted Contents Note
Naturalistic argument and appeal to common sense in constitutional argumentation / Giovanni Damele
Appeals to expert opinion in high courts / Rachel Herdy
"Less is more": against argumentative saturation in legal decision-making / Fernando Leal
Abusive obiter dicta: a typology of illegitimate judicial pronouncements / Thomas Bustamante
Rights, proportionalism and inclusive adjudication / Chiara Valentini
Local priority in constitutional argumentation: threat or healthy contribution to international law? / Alberto Puppo
Is there any absolute concept of dignity? / Miguel Nogueira de Brito
Interpretative and normative ambivalences of human dignity: rights, dignity and morality in Fleming v Ireland / Pedro Moniz Lopes
Human dignity's contestedness, analytical reconstruction of the prohibition of instrumentalization and a reassessment of the Aviation Security Act case / Jorge Silva Sampaio
The argument from human dignity: legal paternalism and restriction on fundamental rights / Mariana Melo Egídio.
Appeals to expert opinion in high courts / Rachel Herdy
"Less is more": against argumentative saturation in legal decision-making / Fernando Leal
Abusive obiter dicta: a typology of illegitimate judicial pronouncements / Thomas Bustamante
Rights, proportionalism and inclusive adjudication / Chiara Valentini
Local priority in constitutional argumentation: threat or healthy contribution to international law? / Alberto Puppo
Is there any absolute concept of dignity? / Miguel Nogueira de Brito
Interpretative and normative ambivalences of human dignity: rights, dignity and morality in Fleming v Ireland / Pedro Moniz Lopes
Human dignity's contestedness, analytical reconstruction of the prohibition of instrumentalization and a reassessment of the Aviation Security Act case / Jorge Silva Sampaio
The argument from human dignity: legal paternalism and restriction on fundamental rights / Mariana Melo Egídio.
Summary
The legal argumentation of constitutional courts, for instance on human dignity, has been in the centre of interest both from theoretical and practical perspectives. 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 the arguments 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.
Note
The legal argumentation of constitutional courts, for instance on human dignity, has been in the centre of interest both from theoretical and practical perspectives. 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 the arguments 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.
Language Note
Includes abstracts in English.
Bibliography, etc. Note
Includes bibliographical references.
Call Number
KK883.A15 A73 ser.2 v.157
Language
English
ISBN
9783515122351 (paperback Franz Steiner Verlag)
3515122354 (paperback Franz Steiner Verlag)
9783848757220 (paperback Nomos Verlag)
3848757222 (paperback Nomos Verlag)
9783515122481 ebook
3515122354 (paperback Franz Steiner Verlag)
9783848757220 (paperback Nomos Verlag)
3848757222 (paperback Nomos Verlag)
9783515122481 ebook
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