Constitutionally Conforming Interpretation - Comparative Perspectives: Volume 1: National Reports

The first part of a 2-volume set that explores the canon of constitutionally conforming interpretation, presenting reports from 19 jurisdictions and discussing its normativity, application, and theoretical impact.

Format: Hardback
Length: 464 pages
Publication date: 02 November 2023
Publisher: Bloomsbury Publishing PLC

This is the first part of a two-volume set that delves into an extensive exploration of the canon of constitutionally conforming interpretation. These volumes address the core challenges posed by the canon in national, supranational, and international contexts. In volume 1, esteemed experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present concise overviews that provide insights into the approaches and debates surrounding constitutionally conforming interpretation. These reports encompass the structural background, the conditions of application, as well as issues related to competence. Additionally, they explore the perceived normativity and popularity of this interpretation in everyday legal practice.

Together with volume 2, which examines the canons use and theoretical impact beyond the national context in a comparative and critical manner, this book fills a significant gap in legal scholarship and lays the groundwork for cross-national discourse.

Volume 1 offers a comprehensive introduction to the topic, presenting a diverse range of perspectives and methodologies. The experts contribute their expertise and experiences, shedding light on the different approaches taken by different jurisdictions in interpreting constitutional provisions. The reports cover a wide range of topics, including the role of constitutional courts, the interpretation of fundamental rights, and the interplay between constitutional law and other legal systems.

One of the key themes explored in volume 1 is the structural background of constitutionally conforming interpretation. The experts discuss the historical, political, and social factors that have shaped the development of this interpretation and its relevance in different contexts. They analyze the role of constitutionalism, legal theory, and judicial practice in shaping the interpretation of constitutional provisions.

Another important aspect covered in the reports is the conditions of application of constitutionally conforming interpretation. The experts examine the factors that determine whether a particular interpretation is constitutionally valid and whether it can be applied to different cases and situations. They discuss the role of precedent, legal reasoning, and the principles of legal interpretation in shaping the application of the canon.

Issues of competence are also explored in volume 1. The experts discuss the role of judges, lawyers, and other legal professionals in interpreting constitutional provisions. They examine the qualifications and training required for those involved in constitutional interpretation and the ethical considerations that arise in this context.

Perceived normativity and popularity of constitutionally conforming interpretation are also discussed in the reports. The experts examine the extent to which this interpretation is considered normative and whether it is widely accepted and practiced in different legal systems. They analyze the factors that contribute to the popularity of this interpretation and the challenges that arise in promoting its use.

Volume 1 concludes with a reflection on the theoretical impact of constitutionally conforming interpretation. The experts discuss the broader implications of this interpretation for legal theory, policy, and practice. They analyze the ways in which this interpretation can contribute to the promotion of constitutionalism, democracy, and the rule

In conclusion, this first part of a two-volume set presents a comprehensive and insightful exploration of the canon of constitutionally conforming interpretation. The reports offer valuable insights into the approaches, debates, and challenges posed by this interpretation in different legal contexts. Together with volume 2, this book sets the stage for further cross-national discourse and contributes to the advancement of legal scholarship in this field.

Weight: 846g
Dimension: 162 x 242 x 33 (mm)
ISBN-13: 9781509953844