Proportionality Fundamental Rights And Balance Of Powers
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Proportionality Fundamental Rights And Balance Of Powers
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Author : Davor Šušnjar
language : en
Publisher: BRILL
Release Date : 2010-03-08
Proportionality Fundamental Rights And Balance Of Powers written by Davor Šušnjar and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-08 with Law categories.
This book offers a comprehensive account of the case law of the ECJ, the European Court of Human Rights, and the German Federal Constitutional Court regarding the application of fundamental rights and the application of the proportionality principle.
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 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.
Proportionality In Action
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Author : Mordechai Kremnitzer
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30
Proportionality In Action written by Mordechai Kremnitzer 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 2020-04-30 with Law categories.
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
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.
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 In Asia
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Author : Po Jen Yap
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-29
Proportionality In Asia written by Po Jen Yap 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 2022-09-29 with Law categories.
This is the first book that focusses on how proportionality analysis - a legal transplant from the West - is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
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 categories.
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
The Global Model Of Constitutional Rights
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Author : Kai Möller
language : en
Publisher: Oxford University Press
Release Date : 2012-10-25
The Global Model Of Constitutional Rights written by Kai Möller 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 2012-10-25 with Law categories.
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
Proportionality Analysis And Models Of Judicial Review
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Author : Benedikt Pirker
language : en
Publisher:
Release Date : 2013
Proportionality Analysis And Models Of Judicial Review written by Benedikt Pirker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Judicial review categories.
Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)