The Art of Judicial Reasoning Festschrift in Honour of Carl Baudenba
This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges.This un
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Judicial Reasoning
Festschrift in Honour of Carl Baudenbacher
The Art of Judicial Reasoning
Prof. Dr. iur. Dr. rer. pol. h.c. Carl Baudenbacher
Gunnar Selvik • Michael-James Clifton Theresa Haas • Luísa Lourenço Kerstin Schwiesow Editors
The Art of Judicial Reasoning Festschrift in Honour of Carl Baudenbacher
With Preface by H.S.H. The Hereditary Prince of Liechtenstein
Editors Gunnar Selvik EFTA Court Luxembourg City, Luxembourg
Michael-James Clifton EFTA Court Luxembourg City, Luxembourg
Theresa Haas EFTA Court Luxembourg City, Luxembourg
Luísa Lourenço EFTA Court Luxembourg City, Luxembourg
Kerstin Schwiesow EFTA Court Luxembourg City, Luxembourg
ISBN 978-3-030-02552-6 ISBN 978-3-030-02553-3 (eBook) https://doi.org/10.1007/978-3-030-02553-3 Library of Congress Control Number: 2018960255 © Springer Nature Switzerland AG 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Foreword
This is the second Festschrift in honour of Carl Baudenbacher. The first, Economic Law and Justice in Times of Globalisation, edited by Mario Monti, H.S.H. Prince Nikolaus of Liechtenstein, Bo Vesterdorf, Jay Westbrook and Luzius Wildhaber in 2007, marked Carl’s 60th birthday. This second Festschrift marks a different milestone in Carl’s life, his departure from the EFTA Court bench, and it does so in a different way. The contributors to this volume are drawn from the benches of national, regional and international courts, as well as from authorities who worked in close contact with the judiciary. All of the contributors have headed an institution, and, in this book, they have penned their own personal reflections on the Art of Judicial Reasoning. This compilation of remarkable essays provide
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