Proportionality And Transformation
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Proportionality And Transformation
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Author : Francisca Pou-Giménez
language : en
Publisher: Cambridge University Press
Release Date : 2022-11-03
Proportionality And Transformation written by Francisca Pou-Giménez 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 2022-11-03 with Law categories.
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Proportionality Balancing And Constitutional Governance
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Author : Alec Stone Sweet
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Proportionality Balancing And Constitutional Governance written by Alec Stone Sweet 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 2019 with Law 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.
Proportionality And Transformation
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Author : Francisca Pou-Giménez
language : en
Publisher: Cambridge University Press
Release Date : 2022-11-03
Proportionality And Transformation written by Francisca Pou-Giménez 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 2022-11-03 with Law categories.
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
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.
Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.
The Principle Of Proportionality In European Law A Comparative Study
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Author : Nicholas Emiliou
language : en
Publisher: Springer
Release Date : 1996-02-23
The Principle Of Proportionality In European Law A Comparative Study written by Nicholas Emiliou and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-23 with Law categories.
The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.
Proportionality
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Author : Vicki C. Jackson
language : en
Publisher:
Release Date : 2017
Proportionality written by Vicki C. Jackson 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.
"With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds"--
Proportionality
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Author : Aharon Barak
language : en
Publisher:
Release Date : 2014-05-14
Proportionality written by Aharon Barak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with LAW categories.
Aharon Barak analyses the scope of constitutional rights, the conflicts between them and the limitations imposed on them by law.
The Transformation Or Reconstitution Of Europe
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Author : Siniša Rodin
language : en
Publisher:
Release Date : 2018
The Transformation Or Reconstitution Of Europe written by Siniša Rodin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola
The Functional Transformation Of Courts
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Author : Jiunn-rong Yeh
language : en
Publisher: V&R Unipress
Release Date : 2015-11-18
The Functional Transformation Of Courts written by Jiunn-rong Yeh and has been published by V&R Unipress this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-18 with Science categories.
The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies – Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes to place checks and balances with political powers and safeguard individual rights and freedoms. This book looks into court's function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.
Proportionality And Fair Taxation
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Author : J.D. Rolim
language : en
Publisher:
Release Date : 2017
Proportionality And Fair Taxation written by J.D. Rolim 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 article is a summary of the findings of the book "Proportionality and Fair Taxation" published in 2014, in which the author investigated the role of the proportionality principle coupled with the standard of reasonableness in assessing specific tax issues and the overall fairness of particular taxes and tax systems. Among those issues, the author points out equality and non-discrimination, retrospective taxation, tax penalties and sanctions, specific and general anti-avoidance rules, as well as the application of proportionality in tandem with reasonableness in double taxation conventions, human rights and tax related rules of international trade.