Interlegal Reasoning and Judicial Minimalism
摘要
The current academic literature on the benefits of minimalist reasoning in judicial proceedings presents this technique as promoting democratic decision-making and dialogue between the legislature and the judiciary. In this chapter, I will try to demonstrate that the same arguments can be used in a situation of dialogue between different courts in a pluralistic legal order and in a situation of interlegal reasoning. Therefore, the aim of this chapter is to demonstrate, using concrete and hypothetical examples, that minimalist reasoning can strengthen the argumentative position of an individual seeking to vindicate his or her rights in a situation of pluralistic interaction between different legal systems.