Cardozo Law Review
Abstract
In the last one hundred years the empirical consequences of applied rationality have destroyed the last remnants of the trust in reason (Vernunftvertrauen). Postmodern law suffers from its own contradictory trends, which may be cured according to social practices indicated by discourse theory. In Between Facts and Norms, Jurgen Habermas applies the theoretical scheme of communicative action in a specific argumentation context, namely to legal discourse.
Keywords
Constitutional Law, Judges, Judicial Review, Judiciary Branch, Democracy, Political Systems and Governments, Res Judicata, Legal Practice and Procedure
Disciplines
Constitutional Law | Judges | Law
Recommended Citation
András Sajó,
Constitutional Adjudication in Light of Discourse Theory,
17
Cardozo L. Rev.
1193
(1996).
Available at:
https://larc.cardozo.yu.edu/clr/vol17/iss4/20