Constitutional reasoning

  • Comparative Constitutional Reasoning - Amazon

    Carl Schmitt's magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since.
    This volume makes Schmitt's masterpiece of comparative constitutionalism available to English-language readers for the first time..

  • What is the meaning of constitutional status?

    Anything which is happening under the ambit of law of the land have recognition of constitution , directly or indirectly.
    On the other hand constitutional status means the formation of such bodies, establishment or legislature is explicittly mentioned in the constitution..

  • What is the meaning of constitutional thought?

    Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government.
    It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory..

Jan 21, 2020Constitutional reasoning has been a flourishing field of research in comparative constitutional law in the past decade.
Constitutional reasoning, understood as the reasons constitutional judges publicly adduce for their decisions, is thus crucial to understanding constitutional adjudication.

Is constitutional reasoning a pragmatist practice?

Such a practice of reflection would be more demanding and less stable but therefore also closer to a true understanding of the relational and dynamic character of human reality—and of the dialogic practice of normative reasoning

The second section makes the argument that constitutional reasoning could be that pragmatist practice

What is comparative constitutional reasoning?

They aim at constructing an accurate picture of the diversity of constitutional reasoning practices throughout the world

As to the methodology, Comparative Constitutional Reasoning is especially innovative, as it embraces the new trend of empirical research in legal science

Why are there differences in constitutional reasoning in European countries?

The differences in constitutional reasoning in European countries are partly based on historical and institutional coincidences, partly on implied theoretical presuppositions of a legal community and on general mentalities, 286 the latter of which is unlikely to converge in the near future


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Horizontal effect of constitutional rights
What is not a constitutional principle
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