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 volume 1, which includes national reports on the use of constitutional interpretation. In volume 2, the analysis is extended beyond the national context, discussing its use in the supranational and international context, such as in EU law or in the practice of the ECtHR and the IACtHR. It looks at constitutional amendments, global constitutionalism, the impact of unwritten constitutional provisions. The volume is rounded off by a comparative analyse, which formulates universally applicable insights.Together with volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.>

Autorentext
Matthias Klatt is Professor of Jurisprudence at the University of Graz, Austria.

Inhalt

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, Stéphane Beaulac (University of Montreal, Canada)

   Part II: Critical Perspectives

5. There Is No Such Thing as The Duty to Save a Statute, Virgílio Afonso da Silva (University of São Paulo, Brazil)
6. Constitutionally Conforming Interpretation and the Invisible Constitution, Eion Carolan (University College Dublin, Ireland)
7. Constitutionally Conforming Argumentation and Legalism, Alfonso García Figueroa (University of Castilla-La Mancha, Spain)
8. What is the 'Doomsday Weapon' - Annulment or Interpretation? A Critical Perspective on Constitutionally Conforming Interpretation in Israel, Hillel Sommer (Radzyner Law School, Israel) and Yaniv Roznai (Radzyner Law School, Israel)

9. Constitutionally Conforming Interpretation and Constitutional Amendments, Silvia Suteu (University College London, UK)

   Part III: Comparison and Analysis

10. Partly Laws Common to all Judge-Kind: The Commonality and Divergence of Constitutionally Conforming Interpretation, Oran Doyle (Academia Sinica, Taiwan)
11. Placing Constitutionally Conforming Interpretation in its Larger Theoretical and Political Contexts, Michel Rosenfeld (Cardozo School of Law, USA)
12. Six Problems of Constitutionally Conforming Interpretation, Matthias Klatt (University of Graz, Austria)