The Constitutional Structure Of Proportionality
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The Constitutional Structure Of Proportionality
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Author : Matthias Klatt
language : en
Publisher: OUP Oxford
Release Date : 2012-07-19
The Constitutional Structure Of Proportionality written by Matthias Klatt and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-19 with Law categories.
As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy's predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for deciding concrete cases.
Proportionality Principles In American Law
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Author : E. Thomas Sullivan
language : en
Publisher: Oxford University Press
Release Date : 2009
Proportionality Principles In American Law written by E. Thomas Sullivan 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 with Law categories.
From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.
Proportionality In Law
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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.
The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification
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Author : Ester Herlin-Karnell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-18
The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification written by Ester Herlin-Karnell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-18 with Law categories.
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Proportionality
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Author : Vicki C. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-21
Proportionality written by Vicki C. Jackson 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 2017-09-21 with Law categories.
This book presents important new scholarship by leading figures in constitutional law on new challenges for proportionality doctrine.
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.
A Theory Of Constitutional Rights
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Author : Robert Alexy
language : en
Publisher:
Release Date : 2010
A Theory Of Constitutional Rights written by Robert Alexy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
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 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.
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.