Constitutions, Courts, and History

Historical Narratives in Constitutional Adjudication

Renata Uitz

• Publisher: Central European University Press
• Year: 2005
• ISBN:
  9786155053733
• Topic: Law
• Subtopic: Courts
• Index: Law

Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike.

Table of contents

• Cover
• Title page
• Copyright page
• Table of Contents
• Preface and Acknowledgements
• INTRODUCTION Constitutional Adjudication Haunted by Indeterminacy
• CHAPTER ONE Historical Narratives in Constitutional Reasoning: Intuitions andMyths Revisited
• CHAPTER TWO An Overview of Arguments Used in Constitutional Adjudication
• CHAPTER THREE The Constitutional Text in the Light of History
• CHAPTER FOUR Behind Historical Narratives: The Promise of Continuity
• CHAPTER FIVE The Fruits of Reconciliation: A Bittersweet Harvest
• CONCLUSION
• Bibliography
• Index
• Back cover