Constitutionally Conforming Interpretation Comparative Perspectives: Volume 2: [Hardcover]

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation.

This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights.

Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Preface, Matthias Klatt (University of Graz, Austria)

Part I: CCI in the International Context
1. Conforming Interpretation in the EU Through the Lens of the CJEU's Case Law,Antonia Baraggia (University of Milan, Italy)
2. EU Constitutional Conflicts and Constitutionally Conforming Interpretation,Cormac Mac Amhlaigh (University of Edinburgh, UK)
3. Constitutionally Conforming Interpretation and the Constitutionalisation of International Law: Certain Public Law Elements Short of Constitutionalism,Jure Vidmar (Maastricht University, the Netherlands)
4. Conforming Legal Interpretation based on International Law: The Use of Unwritten Principles, the Example of Equality of Arms,St?phane Beaulac (University of Montreal, Canada)

Part II: Critical Perspectives
5. There Is No Such Thing as The Duty to Save a Statute,Virg?lio Afonsolã7