Book Cover
E-book
Author Uitz, Renáta.

Title Constitutions, courts, and history : historical narratives in constitutional adjudication / Renáta Uitz
Published Budapest ; New York : Central European University Press, 2005

Copies

Description 1 online resource (1 volume)
Contents Constitutional adjudication haunted by indeterminacy -- Historical narratives in constitutional reasoning : intuitions and myths revisited -- An overview of arguments used in constitutional adjudication -- The constitutional text in the light of history -- Behind historical narratives : the promise of continuity -- The fruits of reconciliation : a bittersweet harvest
Summary Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike. The inquiry in this volume hopes to attract observers of constitutional adjudication, may they be reading constitutional jurisprudence from the quarters of constitutional law, constitutional history, political science or history departments
Analysis Constitutional courts, Constitutional history, Constitutional law, Judiciary, Political philosophy
Bibliography Includes bibliographical references
Notes English
Print version record
Subject Constitutional law.
Constitutional history.
Judicial review -- History
LAW -- Judicial Power.
POLITICAL SCIENCE -- Constitutions.
Constitutional law.
Constitutional history.
Judicial review -- History.
Constitutional history
Constitutional law
Judicial review
Verfassungsrecht
Genre/Form History
Form Electronic book
ISBN 1423719638
9781423719632
9786155053733
6155053731
128126864X
9781281268648
9786611268640
6611268642