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.

Proportionality and the Rule of Law

Author : Grant Huscroft
Publisher : Cambridge University Press
ISBN 13 : 1107064074
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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

A Critique of Proportionality and Balancing

Author : Francisco J. Urbina
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 J. Urbina

Download or read book A Critique of Proportionality and Balancing written by Francisco J. Urbina 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 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 2015-03-20 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.

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.

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 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.

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: The ECJ has applied fundamental rights and the principle of proportionality for decades. This book tries to elucidate the Court's approach to these fundamental tenets of Community law. It starts with establishing a firm theoretical foundation. Then, the book analyzes the case law of the ECJ and other constitutional courts to find out which method courts actually apply. Next, it is discussed why the courts follow a particular approach. Then, it is considered whether the approach fulfils constitutional requirements. Finally, a rationalizing model of balancing is developed. The book is useful for the practitioner as well as for the researcher. It does not present a mere summary of the Court's case law but a systematization of the underlying rationales.

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.

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.

Comparative Constitutional Law

Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931210
Total Pages : 681 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Comparative Constitutional Law by : Tom Ginsburg

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

The Asian Yearbook of Human Rights and Humanitarian Law

Author :
Publisher : Brill Nijhoff
ISBN 13 : 9789004401709
Total Pages : 0 pages
Book Rating : 4.4/5 (17 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 Nijhoff. This book was released on 2019-08 with total page 0 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.

Proportionality in Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1108851711
Total Pages : 311 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Proportionality in Asia by : Po Jen Yap

Download or read book Proportionality in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2020-08-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.

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.

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.

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.

Proportionality and Fair Taxation

Author : João Dácio Rolim
Publisher : Kluwer Law International
ISBN 13 : 9789041158383
Total Pages : 0 pages
Book Rating : 4.1/5 (583 download)

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Book Synopsis Proportionality and Fair Taxation by : João Dácio Rolim

Download or read book Proportionality and Fair Taxation written by João Dácio Rolim and published by Kluwer Law International. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth coverage recognizes that tax law does not exist in isolation and reveals how tax law frequently overlaps with competition law, administrative law, environmental law, and constitutional law, and how principles from these areas of practice can affect the adjudication of tax cases. Proportionality and Fair Taxation is an important guide for all involved in tax law. Tax lawyers will find valuable insights that will help with both litigation and counselling whilst practitioners, academics, and policymakers will appreciate how the book reveals the extent to which an informed awareness of proportionality coupled with reasonableness is essential for the fair, consistent, and effective application of tax rules or measures. Order Proportionality and Fair Taxation by Joao Dacio Rolim for an in-depth discussion and practical guidance on the fundamental role of proportionality in tax matters