This chapter argues that adequately finding constitutional facts is part of the constitutional state’s commitment to search for the truth. Even if material truth cannot be reached, courts nevertheless need to do what is procedurally possible to establish the facts that matter in judicial review.

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Constitutional Facts, Search for Truth, and Participation

  • Luiz Guilherme Marinoni

摘要

This chapter argues that adequately finding constitutional facts is part of the constitutional state’s commitment to search for the truth. Even if material truth cannot be reached, courts nevertheless need to do what is procedurally possible to establish the facts that matter in judicial review.