Comparative Constitutional History: Volume Two: Uses of History in Constitutional Adjudication (Hardcover) (ISBN-13: 9789004437050)

Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution's provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.

Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fern, Justin Collings, Jean-Christophe B馘ard-Rubin, Cem Tecimer, ﾁngel Aday Jim駭ez Alem疣, Ana Beatriz Robalinho, Keigo Obayashi, Zolt疣 Szente, Shih-An Wang, and Diego Werneck Arguelhes.

Author: Francesco Biagi
ISBN-10: 9004437053
ISBN-13: 9789004437050
Publisher: Brill
Language: English
Published: 12/08/2022
Pages: 392
Format: Hardcover