Ebooks for the Classroom+Faculty

Constitutions, Courts, and History: Historical Narratives in Constitutional Adjudication
ISBN: 9786155053733
Platform/Publisher: JSTOR / Central European University Press
Digital rights: Users: unlimited; Printing: chapter; Download: chapter
Subjects: Constitutional law; Constitutional history; Judicial review -- History;

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.

Renáta Uitz is Assistant Professor of Comparative Constitutional Law in the Legal Studies Department at Central European University.