Lecture: Legalising social problems and socialising legal interpretation – Constitutional Reasoning in Latin America and the Caribbean

Prof. Dr. Johanna Fröhlich, LL.M.

Ludovika University for Public Service (Hungary)

Date: 2.12.2024, 12:30 p.m.
Venue: Room L619, 6th floor | Faculty of Law | Sigmund Freud University | Lassallestraße 3, 1020 Vienna

 

The volume “Constitutional Reasoning in Latin America and the Caribbean” (Hart, 2024) examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Based on original data and a region-specific methodology, the book provides a systematic analysis of the most prevailing and the weakest interpretive methods and concepts of Latin American courts by using more than 600 leading cases in their national and subregional contexts. The editor of the volume, Johanna Fröhlich will offer a glimpse into the most relevant and most curious details of the conclusions laying emphasis on the main interpretive battlefield between the textual and creative methods in the courts’ selected jurisprudence. As part of the closing thoughts, Fröhlich will propose a picture in which the decline of textual methods and the increase of creative methods could be seen as a controversial process where formalizing social problems and deformalizing constitutional interpretation could result in the frustration and weakening of law’s authority.

 

Please register until 1.12.2024: konrad.lachmayer@jus.sfu.ac.at

Biography

Johanna Fröhlich is a senior research fellow at the Research Institute for Politics and Government, within the Eötvös József Research Centre, at the Ludovika University for Public Service, Budapest, Hungary. She holds an LL.M. from the University of Notre Dame, IN, USA and a Ph.D. in Law from the Pázmány Péter Catholic University, Hungary. Previously, she worked as research assistant professor in the Faculty of Law, at the Pontifical Catholic University of Chile, and at the Law School of the University San Francisco de Quito, Ecuador. Her research interests include legal and political philosophy, natural law, constitutional theory, legal reasoning, comparative constitutional law, and law and courts. Johanna has been teaching since 2008, her courses range from legal reasoning and comparative constitutional law to constitutional theory and research methodology, in English, Spanish and Hungarian. She has been a visiting research fellow at the Max Planck Institute for Comparative Public Law and International Law various times, and has taught in Master’s courses and summers schools in México, Italy, or Uruguay. She has co-authored her first book on the new Hungarian Fundamental Law in Hungarian (Gondolat 2012), while in September her new edited volumee “Constitutional Reasoning in Latin America and the Caribbean” was published by Hart Publishing. She also published for instance on “Law as reason for action” in the Encyclopedia of the Philosophy of Law and Social Philosophy (Springer 2018) or on constitutional amendment rules in Ecuador in the International Journal of Constitutional Law (2021). Currently, she is working on a project on analytic natural law and the legal philosophy of motherhood. Her publications can be found in Hungarian, English, Spanish and in Polish.