Proportionality And The Rule Of Law

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Proportionality and the Rule of Law

Author : Grant Huscroft
Publisher : Cambridge University Press
ISBN 13 : 1139952870
Total Pages : 433 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Proportionality and the Rule of Law by : Grant Huscroft

Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.

The Ultimate Rule of Law

Author : David M. Beatty
Publisher : Oxford University Press, USA
ISBN 13 : 9780199269808
Total Pages : 228 pages
Book Rating : 4.2/5 (698 download)

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Book Synopsis The Ultimate Rule of Law by : David M. Beatty

Download or read book The Ultimate Rule of Law written by David M. Beatty and published by Oxford University Press, USA. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

The Asian Yearbook of Human Rights and Humanitarian Law

Author :
Publisher : BRILL
ISBN 13 : 9004401717
Total Pages : 630 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Asian Yearbook of Human Rights and Humanitarian Law by :

Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by and published by BRILL. This book was released on 2019-07-22 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 3 is Law, Gender and Sexuality.

Revisiting Proportionality in International and European Law

Author : Ulf Linderfalk
Publisher : BRILL
ISBN 13 : 9004448071
Total Pages : 230 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Revisiting Proportionality in International and European Law by : Ulf Linderfalk

Download or read book Revisiting Proportionality in International and European Law written by Ulf Linderfalk and published by BRILL. This book was released on 2021-05-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.

Proportionality in Law

Author : David Duarte
Publisher : Springer
ISBN 13 : 9783319896465
Total Pages : 200 pages
Book Rating : 4.8/5 (964 download)

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Book Synopsis Proportionality in Law by : David Duarte

Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

The Function of Proportionality Analysis in European Law

Author : Tor-Inge Harbo
Publisher : Hotei Publishing
ISBN 13 : 900428947X
Total Pages : 349 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Function of Proportionality Analysis in European Law by : Tor-Inge Harbo

Download or read book The Function of Proportionality Analysis in European Law written by Tor-Inge Harbo and published by Hotei Publishing. This book was released on 2015-03-27 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Function of the Proportionality Analysis in European Law the author offers a legal dogmatic, comparative and legal theoretical analysis of proportionality analysis applied by European courts.

A Critique of Proportionality and Balancing

Author : Francisco Javier Urbina Molfino
Publisher : Cambridge University Press
ISBN 13 : 1107175062
Total Pages : 289 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis A Critique of Proportionality and Balancing by : Francisco Javier Urbina Molfino

Download or read book A Critique of Proportionality and Balancing written by Francisco Javier Urbina Molfino and published by Cambridge University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.

The Concept of Proportionality in Public Law

Author : CHUNG Wai Man, Franco
Publisher : City University of HK Press
ISBN 13 : 9629373785
Total Pages : 696 pages
Book Rating : 4.6/5 (293 download)

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Book Synopsis The Concept of Proportionality in Public Law by : CHUNG Wai Man, Franco

Download or read book The Concept of Proportionality in Public Law written by CHUNG Wai Man, Franco and published by City University of HK Press. This book was released on 2020-06-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.

Proportionality, Fundamental Rights and Balance of Powers

Author : Davor Šušnjar
Publisher : BRILL
ISBN 13 : 9004189661
Total Pages : 424 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Proportionality, Fundamental Rights and Balance of Powers by : Davor Šušnjar

Download or read book Proportionality, Fundamental Rights and Balance of Powers written by Davor Šušnjar and published by BRILL. This book was released on 2010-03-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive account of the case law of the ECJ, the European Court of Human Rights, and the German Federal Constitutional Court regarding the application of fundamental rights and the application of the proportionality principle.

The Constitutional Structure of Proportionality

Author : Matthias Klatt
Publisher : Oxford University Press on Demand
ISBN 13 : 0199662460
Total Pages : 203 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Constitutional Structure of Proportionality by : Matthias Klatt

Download or read book The Constitutional Structure of Proportionality written by Matthias Klatt and published by Oxford University Press on Demand. This book was released on 2012-07-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

Local Meanings of Proportionality

Author : Afroditi Marketou
Publisher : Cambridge University Press
ISBN 13 : 1108834485
Total Pages : 423 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Local Meanings of Proportionality by : Afroditi Marketou

Download or read book Local Meanings of Proportionality written by Afroditi Marketou and published by Cambridge University Press. This book was released on 2021-07-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.

Proportionality Principles in American Law

Author : E. Thomas Sullivan
Publisher : Oxford University Press
ISBN 13 : 0195324935
Total Pages : 297 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Proportionality Principles in American Law by : E. Thomas Sullivan

Download or read book Proportionality Principles in American Law written by E. Thomas Sullivan and published by Oxford University Press. This book was released on 2009 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.

Rule of Law for Nature

Author : Christina Voigt
Publisher : Cambridge University Press
ISBN 13 : 1107513219
Total Pages : 409 pages
Book Rating : 4.1/5 (75 download)

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Book Synopsis Rule of Law for Nature by : Christina Voigt

Download or read book Rule of Law for Nature written by Christina Voigt and published by Cambridge University Press. This book was released on 2013-11-21 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.

Proportionality

Author : Aharon Barak
Publisher : Cambridge University Press
ISBN 13 : 9781107401198
Total Pages : 638 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Proportionality by : Aharon Barak

Download or read book Proportionality written by Aharon Barak and published by Cambridge University Press. This book was released on 2012-01-19 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.

Rule of Law Dynamics

Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Rule of Law Dynamics by : Michael Zurn

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Proportionality and Judicial Activism

Author : Niels Petersen
Publisher : Cambridge University Press
ISBN 13 : 1107177987
Total Pages : 261 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Proportionality and Judicial Activism by : Niels Petersen

Download or read book Proportionality and Judicial Activism written by Niels Petersen and published by Cambridge University Press. This book was released on 2017-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

Rule of Law, Human Rights and Judicial Control of Power

Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 446 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Rule of Law, Human Rights and Judicial Control of Power by : Rainer Arnold

Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.