Legislation as an Interpretative Source of Vague Constitutional​ ​Clauses: "Symbiotic" Judicial Review in the US (and Israel)

Roman Zinigrad

SÉMINAIRE DES DOCTORANTS DE DROIT

Roman Zinigrad is a J.S.D. candidate at Yale Law School and a visiting researcher at the Sciences Po Law School. Roman’s academic interests include constitutional law and human rights, children law, law and religion, and administrative law. In his J.S.D. dissertation on liberal-democratic education, he questions the liberal solutions to the triple tension between the right of children to develop autonomy, the State’s interest in civic education, and the parental right to resist both. He is developing his thesis using as test cases the educational systems in the United States, France, and Israel.

​​Legislation as an Interpretative Source of Vague Constitutional​ ​Clauses: "Symbiotic" Judicial Review in the US (and Israel)
Some primary legislation should be, and is already, used by Courts as one potential source of constitutional interpretation, among many. The conditions for statutes that qualify as an interpretative source focus on their content and the clarity with which this content is expressed – legislation that clearly (as opposed to explicitly) asserts or denies the existence of a fundamental constitutional right should be, and is already, a binding element in the process of judicial review. As to the Constitutional clauses the interpretation of which accounts for these “special” statutes – these are usually broad “framework” provisions.

>> Information and registration : ghazal.miyar@sciencespo.fr

Event details
Date: 
Mardi, 27 Mars, 2018 - 15:00 - 16:45
Lieu: 
Sciences Po - 28 rue des Saints-Pères - Room H402
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