A Critique Of Proportionality And Balancing Introduction Part I 2 The Maximisation Account Of Proportionality 3 The Incommensurability Objection 4 Why Proportionality 5 Proportionality Rights And Legitimate Interests Part Ii 6 Proportionality As Unconstrained Moral Reasoning 7 The Need For Legal Direction In Adjudication 8 Proportionality And The Problems Of Legally Unaided Adjudication Part Iii 9 Legal Human Rights PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Critique Of Proportionality And Balancing Introduction Part I 2 The Maximisation Account Of Proportionality 3 The Incommensurability Objection 4 Why Proportionality 5 Proportionality Rights And Legitimate Interests Part Ii 6 Proportionality As Unconstrained Moral Reasoning 7 The Need For Legal Direction In Adjudication 8 Proportionality And The Problems Of Legally Unaided Adjudication Part Iii 9 Legal Human Rights PDF full book. Access full book title A Critique Of Proportionality And Balancing Introduction Part I 2 The Maximisation Account Of Proportionality 3 The Incommensurability Objection 4 Why Proportionality 5 Proportionality Rights And Legitimate Interests Part Ii 6 Proportionality As Unconstrained Moral Reasoning 7 The Need For Legal Direction In Adjudication 8 Proportionality And The Problems Of Legally Unaided Adjudication Part Iii 9 Legal Human Rights.
| Author | : Francisco Javier Urbina Molfino |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : LAW |
| ISBN | : 9781316809525 |
Download A Critique of Proportionality and Balancing: Introduction; Part I: 2. The maximisation account of proportionality; 3. The incommensurability objection; 4. Why proportionality?; 5. Proportionality, rights, and legitimate interests; Part II: 6. Proportionality as unconstrained moral reasoning; 7. The need for legal direction in adjudication; 8. Proportionality and the problems of legally unaided adjudication; Part III: 9. Legal human rights Book in PDF, ePub and Kindle
"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits"--
| Author | : Francisco J. Urbina |
| Publisher | : Cambridge University Press |
| Total Pages | : 289 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 1107175062 |
Download A Critique of Proportionality and Balancing Book in PDF, ePub and Kindle
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
| Author | : Helge Dedek |
| Publisher | : Cambridge University Press |
| Total Pages | : 325 |
| Release | : 2021-12-16 |
| Genre | : Law |
| ISBN | : 1108841724 |
Download A Cosmopolitan Jurisprudence Book in PDF, ePub and Kindle
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
| Author | : Cristina Lafont |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 279 |
| Release | : 2020-01-12 |
| Genre | : Philosophy |
| ISBN | : 0198848188 |
Download Democracy Without Shortcuts Book in PDF, ePub and Kindle
This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional ''shortcuts'' to help solve problems of democratic governance such as overcoming disagreements, citizens' political ignorance, or poor-quality deliberation. However, all these shortcut proposals require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naive to assume that a community can reach better outcomes 'faster' if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no 'shortcuts' to make a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another's hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the book defends a conception of democracy ''without shortcuts''. This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.
| Author | : Tom Ginsburg |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 681 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 0857931210 |
Download Comparative Constitutional Law Book in PDF, ePub and Kindle
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
| Author | : Mark Van Hoecke |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 310 |
| Release | : 2011-02-28 |
| Genre | : Law |
| ISBN | : 1847317804 |
Download Methodologies of Legal Research Book in PDF, ePub and Kindle
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
| Author | : Grégoire C. N. Webber |
| Publisher | : Cambridge University Press |
| Total Pages | : 241 |
| Release | : 2009-11-26 |
| Genre | : Law |
| ISBN | : 1139483730 |
Download The Negotiable Constitution Book in PDF, ePub and Kindle
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
| Author | : Grant Huscroft |
| Publisher | : Cambridge University Press |
| Total Pages | : 433 |
| Release | : 2014-04-21 |
| Genre | : Law |
| ISBN | : 1139952870 |
Download Proportionality and the Rule of Law Book in PDF, ePub and Kindle
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.
| Author | : Vicki C. Jackson |
| Publisher | : Cambridge University Press |
| Total Pages | : 353 |
| Release | : 2017-09-21 |
| Genre | : Law |
| ISBN | : 1316738663 |
Download Proportionality Book in PDF, ePub and Kindle
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.
| Author | : Funda Başaran Yavaşlar |
| Publisher | : |
| Total Pages | : |
| Release | : 2019 |
| Genre | : |
| ISBN | : 9789087225445 |
Download Tax Transparency Book in PDF, ePub and Kindle
