Description:
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.Brief description: Charles Barzun is Horace W Goldsmith Professor of Law at the University of Virginia, USA. He specialises in legal philosophy, constitutional law, and constitutional theory and publishes widely on the common law, constitutional interpretation, and the history of legal thought.