The Role of Legal Argumentation and Human Dignity in Constitutional Courts: Proceedings of the Special Workshops Held at the 28th World Congress of ... Fur Rechts- Und Sozialphilosophie - Beihefte)

"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."--Page 4 de la couverture Contents 6 Introduction 8 Part I: The Role of Legal Argumentation in Constitutional Courts 12 Giovanni Damele: Naturalistic Argument and Appeal to Common Sense in Constitutional Argumentation 14 Rachel Herdy: Appeals to Expert Opinion in High Courts 24 Fernando Leal: “Less is More”: Against Argumentative Saturation in Legal Decision-Making 48 Thomas Bustamante: Abusive Obiter Dicta: A Typology of Illegitimate Judicial Pronouncements 58 Chiara Valentini: Rights, Proportionalism and Inclusive Adjudication 84 Alberto Puppo: Local Priority in Constitutional Argumentation: Threat or Healthy Contribution to International Law? 102 Part II: The Use of Human Dignity within Judicial Argumentation 128 Miguel Nogueira de Brito: Is there Any Absolute Concept of Dignity? 130 Pedro Moniz Lopes: Interpretative and Normative Ambivalences of Human Dignity: Rights, Dignity and Morality in Fleming V Ireland 144 Jorge Silva Sampaio: Human Dignity’s Contestedness, Analytical Reconstruction of the Prohibition of Instrumentalization and a Reassessment of the Aviation Security Act Case 174 Mariana Melo Egídio: The Argument from Human Dignity – Legal Paternalism and Restriction on Fundamental Rights 214 Editors and Contributors 238