Proportionality And Constitutional Culture
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Proportionality And Constitutional Culture
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Author : Moshe Cohen-Eliya
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-13
Proportionality And Constitutional Culture written by Moshe Cohen-Eliya 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 2013-06-13 with Law categories.
A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
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.
"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, and South Africa, as well as the jurisprudence of treaty-based legal systems like the European Court of Human Rights, giving rise to claims of a global model, a received approach, or, simply, the best-practice standard of rights adjudication. Even in the United States, which is widely understood to have formally rejected proportionality, some argue that the various levels of scrutiny adopted by the US SupremeCourt are analogous to the standard questions posed by proportionality. As proportionality scholars are well aware, some of the early literature on balancing and rights is American, with special reference to the First Amendment. Notwithstanding proportionality's popularity, there is no consensus on its methodology. Much less does the use of a proportionality doctrine guarantee consensus on substantive rights questions. What the principle of proportionality promises is a common analytical framework, a framework the significance of which is not in its ubiquity (a mere fact), but because its structure influences (some would say controls) how courts reason to conclusions in many of the great moral and political questions confronting political communities. Asa framework, proportionality analysis is superficially straightforward, setting out four questions in evaluating whether the limitation of a right is justifiable. A serviceable - but by no means canonical"--
Proportionality
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Author : Vicki C. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-21
Proportionality written by Vicki C. Jackson 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 2017-09-21 with Law categories.
This book presents important new scholarship by leading figures in constitutional law on new challenges for proportionality doctrine.
Constitutional Culture And Democratic Rule
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Author : John A. Ferejohn
language : en
Publisher: Cambridge University Press
Release Date : 2001-10-08
Constitutional Culture And Democratic Rule written by John A. Ferejohn 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 2001-10-08 with History categories.
This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
Local Meanings Of Proportionality
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Author : Afroditi Marketou
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22
Local Meanings Of Proportionality written by Afroditi Marketou 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 2021-07-22 with Law categories.
A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
Towering Judges
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Author : Rehan Abeyratne
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-25
Towering Judges written by Rehan Abeyratne 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 2021-03-25 with Law categories.
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Constitutional Interpretation In Singapore
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Author : Jaclyn L Neo
language : en
Publisher: Routledge
Release Date : 2016-06-17
Constitutional Interpretation In Singapore written by Jaclyn L Neo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
The Ultimate Rule Of Law
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Author : David M. Beatty
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The Ultimate Rule Of Law written by David M. Beatty and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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.
Local Meanings Of Proportionality
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Author : Afroditi Marketou
language : en
Publisher:
Release Date : 2021
Local Meanings Of Proportionality written by Afroditi Marketou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Proportionality in law categories.
"Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This book was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England, and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which proportionality evolves, local paths of cultural change and local patterns of Europeanisation"--
Proportionality And Deference Under The Uk Human Rights Act
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Author : Alan D. P. Brady
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-03
Proportionality And Deference Under The Uk Human Rights Act written by Alan D. P. Brady 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 2012-05-03 with Law categories.
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.