A Critique Of Proportionality And Balancing
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A Critique Of Proportionality And Balancing
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Author : Francisco J. Urbina
language : en
Publisher: Cambridge University Press
Release Date : 2017
A Critique Of Proportionality And Balancing written by Francisco J. Urbina and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
A Critique Of Proportionality And Balancing
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Author : Francisco J. Urbina
language : en
Publisher:
Release Date : 2017
A Critique Of Proportionality And Balancing written by Francisco J. Urbina and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
Proportionality And Judicial Activism
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Author : Niels Petersen
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-02
Proportionality And Judicial Activism written by Niels Petersen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Proportionality And The Rule Of Law
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Proportionality And The Rule Of Law written by Grant Huscroft and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-21 with Law categories.
Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
A Critique Of Proportionality And Balancing Introduction Part I 2 The Maximisation Account Of Proportionality 3 The Incommensurability Objection 4 Why Proportionality 5 Proportionality Rights And Legitimate Interests Part Ii 6 Proportionality As Unconstrained Moral Reasoning 7 The Need For Legal Direction In Adjudication 8 Proportionality And The Problems Of Legally Unaided Adjudication Part Iii 9 Legal Human Rights
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Author : Francisco Javier Urbina Molfino
language : en
Publisher:
Release Date : 2017
A Critique Of Proportionality And Balancing Introduction Part I 2 The Maximisation Account Of Proportionality 3 The Incommensurability Objection 4 Why Proportionality 5 Proportionality Rights And Legitimate Interests Part Ii 6 Proportionality As Unconstrained Moral Reasoning 7 The Need For Legal Direction In Adjudication 8 Proportionality And The Problems Of Legally Unaided Adjudication Part Iii 9 Legal Human Rights written by Francisco Javier Urbina Molfino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits"--
Reasonableness And Law
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-08-19
Reasonableness And Law written by Giorgio Bongiovanni and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-19 with Philosophy categories.
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
Copyright And Information Privacy
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Author : Federica Giovanella
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-12-29
Copyright And Information Privacy written by Federica Giovanella and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-29 with Conflict of laws categories.
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
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.
Proportionality Balancing And Constitutional Governance
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Author : Alec Stone Sweet
language : en
Publisher: Oxford University Press
Release Date : 2019-05-16
Proportionality Balancing And Constitutional Governance written by Alec Stone Sweet and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Political Science categories.
In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. The book explicates the concepts of 'trusteeship', the 'system of constitutional justice', the 'effectiveness' of rights adjudication, and the 'zone of proportionality'. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing 'constitutional dialogues' with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.
How Rights Went Wrong
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Author : Jamal Greene
language : en
Publisher: Mariner Books
Release Date : 2021
How Rights Went Wrong written by Jamal Greene and has been published by Mariner Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Business & Economics categories.
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.