The Concept Of Proportionality In Public Law
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The Concept Of Proportionality In Public Law
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Author : CHUNG Wai Man, Franco
language : en
Publisher: City University of HK Press
Release Date : 2020-06-30
The Concept Of Proportionality In Public Law written by CHUNG Wai Man, Franco and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
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.
Comparative Administrative Law
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Author : Frank Johnson Goodnow
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
Comparative Administrative Law written by Frank Johnson Goodnow and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Reprint of the first edition. Volume I: Organization. Volume II: Legal Relations. Referring to this book in One Hundred Years of Administrative Law (1937), Arthur Vanderbilt wrote that "Goodnow was the first to perceive the peculiar significance for the study of administrative law of the comparative method as applied to the administrative systems of France, Germany, England and the United States, which, although involving common problems, also present sharp contrasts at many vital points" (I:120-121). While a member of the Columbia faculty, FRANK J. GOODNOW [1859-1939] was the first individual in the United States to hold a professorship in administrative law. He became the first president of the American Political Science Association, which offers an annual award in his name. He was president of Johns Hopkins University from 1915-1929.
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.
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.
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 Business & Economics 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 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.
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 Australian Constitutional Law
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Author : Shipra Chordia
language : en
Publisher:
Release Date : 2020-08-04
Proportionality In Australian Constitutional Law written by Shipra Chordia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-04 with categories.
Reasonableness And Law
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-08-19
Reasonableness And Law written by Giorgio Bongiovanni and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-19 with Philosophy categories.
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.