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Role of Legal Argumentation and Human Dignity in Constitutional Courts

Role of Legal Argumentation and Human Dignity in Constitutional Courts

Jorge Silva Sampaio, Giovanni Damele, Rachel Herdy, Pedro Moniz Lopes, Miguel Nogueira de Brito

About this book

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.

Details

OL Work ID
OL25885518W

Subjects

Constitutional courtsCongressesForensic orationsDignity

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Book data from Open Library. Cover images courtesy of Open Library.