Proportionality Balancing And Rights
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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.
Proportionality In Law
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Author : David Duarte
language : en
Publisher: Springer
Release Date : 2018-07-09
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 2018-07-09 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.
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
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Author : Aharon Barak
language : en
Publisher:
Release Date : 2012
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 2012 with Constitutional law categories.
Aharon Barak analyses the scope of constitutional rights, the conflicts between them and the limitations imposed on them by law.
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 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.
Proportionality Balancing And Rights
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Author : Jan-R. Sieckmann
language : en
Publisher:
Release Date : 2021
Proportionality Balancing And Rights written by Jan-R. Sieckmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book "Theorie der Grundrechte" (1985; Engl. translation "Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
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.
Revisiting Proportionality In International And European Law
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Author : Ulf Linderfalk
language : en
Publisher: BRILL
Release Date : 2021-05-12
Revisiting Proportionality In International And European Law written by Ulf Linderfalk and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-12 with Law categories.
This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’. This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
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.