Constitutional Reasoning in the Nordic Supreme Courts : An Empirical and Comparative Legal Perspective

Constitutional Reasoning in the Nordic Supreme Courts: An Empirical and Comparative Legal Perspective (Hart Studies in Comparative Public Law)

Constitutional Reasoning in the Nordic Supreme Courts : An Empirical and Comparative Legal Perspective

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Constitutional Reasoning in the Nordic Supreme Courts: An Empirical and Comparative Legal Perspective (Hart Studies in Comparative Public Law)

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Constitutional Reasoning in the Nordic Supreme Courts : An Empirical and Comparative Legal Perspective

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This book explores the argumentative style of the supreme courts in the Nordic countries (Denmark, Iceland, Finland, Norway, and Sweden). Its findings are based on empirical research involving 280 leading constitutional cases which demonstrate that the impact of a constitutional ruling often extends far beyond the cases actually adjudicated by the courts and that it is crucial to understand how judges justify their decisions in constitutional cases. In the cases researched, the authors identify and explain the common features of the Nordic constitutional reasoning, situating the Nordic experience within a broader comparative framework.The book compares these practices with those of non-Nordic jurisdictions, analysing whether and how the approaches of Nordic supreme courts align with each other and with global trends.This is made possible through the use of a well-established conceptual and methodological framework, adapted to the Nordic context.Key aspects of judicial reasoning are exa
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