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A Constitutionalist Approach to the European Convention on Human Rights
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional …
Judicial Avoidance
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments …
The Methodology of Constitutional Theory
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other …
Proportionality and Facts in Constitutional Adjudication
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured …
Solving International Norm Conflicts
This book provides a theoretical framework which clarifies how different types of international norm conflicts can be solved efficiently. By drawing on Robert Alexy’s distinction …
Constitutionally Conforming Interpretation – Comparative Perspectives
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. The book addresses the fundamental …