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Proportionality Fundamental Rights And Balance Of Powers
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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.
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 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.
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 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 201 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 Proportionality in Action by : Mordechai Kremnitzer
Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
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.
Book Synopsis Proportionality and Deference Under the UK Human Rights Act by : Alan D. P. Brady
Download or read book Proportionality and Deference Under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
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 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 360 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 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 Where Our Protection Lies by : Dimitrios Kyritsis
Download or read book Where Our Protection Lies written by Dimitrios Kyritsis and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should courts be able to scrutinise primary legislation for its compatibility with human rights? Focusing on the value of the separation of powers, Dimitrios Kyritsis offers an innovative discussion of the role of constitutional courts and the scope of judicial review, and a normative theory of the constitutional review of legislative action.
Book Synopsis The Negotiable Constitution by : Grégoire C. N. Webber
Download or read book The Negotiable Constitution written by Grégoire C. N. Webber and published by Cambridge University Press. This book was released on 2009-11-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.
Author :Francisco Javier Urbina Molfino Publisher :Cambridge University Press ISBN 13 :1107175062 Total Pages :289 pages Book Rating :4.1/5 (71 download)
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.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis Proportionality Analysis and Models of Judicial Review by : Benedikt Pirker
Download or read book Proportionality Analysis and Models of Judicial Review written by Benedikt Pirker and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)
Book Synopsis Fundamental Rights Challenges by : Cristina Izquierdo-Sans
Download or read book Fundamental Rights Challenges written by Cristina Izquierdo-Sans and published by Springer Nature. This book was released on 2021-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
