The Controversy Over Citations to Foreign Authorities in American Constitutional Adjudication and the Conflict of Judicial Philosophies: A Reply to Professor Glendon

2013 ◽  
Author(s):  
Michel Rosenfeld

This book continues the thick comparative approach that lies at the heart of the Max Planck Handbook series. It addresses one of the most significant phenomena of modern-day public law: constitutional adjudication. This book introduces, through individual country reports, the institutions and practices that make constitutional adjudication come to life across the Continent. Thus, each country report will explain the history, design, composition, and practice of the body that engages (or not) in constitutional scrutiny. To draw as complete a picture as possible, the book includes countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space.


Author(s):  
Bosko Tripkovic

The chapter explains the relevance, subject matter, structure, and method of the book. The book aims to challenge and explain the metaethical foundations of value-based arguments in constitutional reasoning. The chapter clarifies which value-based arguments are analysed, why we should study their metaethical foundations, what does it mean to challenge and explain them, and why constitutional adjudication is important in this context. In so doing, the chapter introduces the central concepts and themes explored in the book, motivates its philosophical approach, and provides a brief chapter overview.


Author(s):  
Dieter Grimm

Dieter Grimm is one of Germany’s foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. He teaches constitutional law at Humboldt University Berlin and did so simultaneously at the Yale Law School until 2017. He was one of the most influential justices of the German Constitutional Court where he served from 1987 to 1999 and left his marks on the jurisprudence of the Court, especially in the field of fundamental rights. He directed one of the finest academic institutions worldwide, the Wissenschaftskolleg zu Berlin (Institute for Advanced Study). He is also well known as a public intellectual who speaks up in questions of German politics and European integration. This book contains a conversation that three scholars of constitutional law led with Dieter Grimm on his background, his childhood under the Nazi regime and in destroyed post-war Germany, his education in Germany, France, and the United States, his academic achievement, the main subjects of his research, his experience as a member of a leading constitutional court, especially in the time of seminal changes in the world after the fall of the Berlin Wall, and his views on actual challenges for law and society. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication, which one would not find in legal textbooks or treatises. Oxford University Press previously published his books on Constitutionalism. Past, Present, and Future (2016) and The Constitution of European Democracy (2017).


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