Proportionality And Judicial Activism
DOWNLOAD eBooks
Download Proportionality And Judicial Activism PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Proportionality And Judicial Activism book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Proportionality And Judicial Activism
DOWNLOAD eBooks
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 Judicial Activism
DOWNLOAD eBooks
Author : Niels Petersen
language : en
Publisher:
Release Date : 2017
Proportionality And Judicial Activism written by Niels Petersen 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 is currently one of the most discussed topics in the field of comparative constitutional law. Many critics claim that courts use the proportionality test as an instrument of judicial self-empowerment. Proportionality and Judicial Activism tests this hypothesis empirically; it systematically and comparatively analyses the fundamental rights jurisprudence of the Canadian Supreme Court, the German Federal Constitutional Court and the South African Constitutional Court. The book shows that the proportionality test does give judges a considerable amount of discretion. However, this analytical openness does not necessarily lead to judicial activism. Instead, judges are faced with significant institutional constraints, as a result of which all three examined courts refrain from using proportionality for purposes of judicial activism"--
Proportionality And Judicial Activism Fundamental Rights Adjudication In Canada
DOWNLOAD eBooks
Author : Niels Petersen
language : en
Publisher:
Release Date : 2017
Proportionality And Judicial Activism Fundamental Rights Adjudication In Canada written by Niels Petersen 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.
Proportionality In Law
DOWNLOAD eBooks
Author : David Duarte
language : en
Publisher: Springer
Release Date : 2018-07-30
Proportionality In Law written by David Duarte and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-30 with Law categories.
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.
Judicial Activism In Comparative Perspective
DOWNLOAD eBooks
Author : Kenneth M. Holland
language : en
Publisher: Springer
Release Date : 1991-06-18
Judicial Activism In Comparative Perspective written by Kenneth M. Holland and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-06-18 with Law categories.
The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.
Judicial Activism
DOWNLOAD eBooks
Author : Luís Pereira Coutinho
language : en
Publisher: Springer
Release Date : 2015-05-26
Judicial Activism written by Luís Pereira Coutinho and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-26 with Law categories.
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Courts And Judicial Activism Under Crisis Conditions
DOWNLOAD eBooks
Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2021-09-22
Courts And Judicial Activism Under Crisis Conditions 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 2021-09-22 with Law categories.
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Measuring Judicial Activism
DOWNLOAD eBooks
Author : Stefanie Lindqquist
language : en
Publisher: Oxford University Press
Release Date : 2009-04-23
Measuring Judicial Activism written by Stefanie Lindqquist 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 2009-04-23 with Law categories.
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr
DOWNLOAD eBooks
Author : Yutaka Arai-Takahashi
language : en
Publisher: Intersentia nv
Release Date : 2002
The Margin Of Appreciation Doctrine And The Principle Of Proportionality In The Jurisprudence Of The Echr written by Yutaka Arai-Takahashi and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
5.2.3. Burden of Proof
Judicial Activism
DOWNLOAD eBooks
Author : Christopher Wolfe
language : en
Publisher: Rowman & Littlefield
Release Date : 1997
Judicial Activism written by Christopher Wolfe and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University