This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation.These volumes address the fundamental issues the canon raises in the national, supranational and international contexts.
In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice.
Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Matthias Klattis Professor of Jurisprudence at the University of Graz, Austria.
1. The Legitimacy of Constitutionally Conforming Interpretation,Matthias Klatt (University of Graz, Austria)
Part 1: Europe
2. Austria: Embracing Tradition: Constitutionally Conforming Interpretation's Edge in Reconciling Statutory and Constitutional Law,Christoph Bezemek (University of Graz, Austria) and Daniel Gosch (University of Graz, Austria)
3. Czech Republic: Insights from the Constitutional Court's Post-Transition Practice of Constitutionally Conforming Interpretation,Pavel Ondrejek (Charles University, Czech Republic)
4. France: The Dynamics of 'Interpretative Reservations' in the Jurisprudence of the French Constitutional Council,Mathieu Carpentier (Universit ? Toulouse 1 Capitole, France)
5. Hungary: Conflicts Over Competence,Eszter Bodn?r (E?tv?s Lor?nd University, Hungary)
6. Italy: Constitutionally Conforming Interpretation and Judicial Dialogue,Chiarl3t