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Proportionality Balancing And Rights
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Book Synopsis Proportionality, Balancing, and Rights by : Jan-R. Sieckmann
Download or read book Proportionality, Balancing, and Rights written by Jan-R. Sieckmann and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
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.
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.
Book Synopsis Balancing Constitutional Rights by : Jacco Bomhoff
Download or read book Balancing Constitutional Rights written by Jacco Bomhoff and published by Cambridge University Press. This book was released on 2013-12-19 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis The Global Model of Constitutional Rights by : Kai Möller
Download or read book The Global Model of Constitutional Rights written by Kai Möller and published by Oxford University Press. This book was released on 2012-10-25 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
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.
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.
Book Synopsis How Rights Went Wrong by : Jamal Greene
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
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.
Book Synopsis Proportionality and Constitutional Culture by : Moshe Cohen-Eliya
Download or read book Proportionality and Constitutional Culture written by Moshe Cohen-Eliya and published by Cambridge University Press. This book was released on 2013-06-13 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
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.
Book Synopsis Copyright and Information Privacy by : Federica Giovanella
Download or read book Copyright and Information Privacy written by Federica Giovanella and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
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.
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.
Book Synopsis A Theory of Constitutional Rights by : Robert Alexy
Download or read book A Theory of Constitutional Rights written by Robert Alexy and published by . This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Book Synopsis Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights by : Jonas Christoffersen
Download or read book Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights written by Jonas Christoffersen and published by BRILL. This book was released on 2009-06-02 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
