The Limits of Judicial Power in England and Germany: a Comparative Methodological and Constitutional Perspective

How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when judges venture outside the constraints of the text? Do these limits converge or diverge in both jurisdictions? In a  new book entitled Judicial Law-making in English and German Courts, Martin Brenncke explores the limits of judicial power in both legal systems. Judicial law-making occurs when judges restrict or extend the scope of application of a provision beyond or against the possible semantic meanings of the statutory language. The monograph addresses the often neglected relationship between statutory interpretation and constitutional law. It traces the practical implications of constitutional principles by exploring the outer limits of what courts regard themselves as authorised to do in the area of statutory interpretation. It critically analyses, reconstructs and compares judicial law-making in English and German courts from comparative, methodological and constitutional perspectives. It maps the differences and commonalities in both jurisdictions and then offers explanatory accounts for these differences and similarities based on constitutional, institutional, political, historical, cultural and international factors. At the discussion group meeting, Martin will be presenting some key findings from his research.

A sandwich lunch will be available from 12.30 and the meeting will begin at 1pm.