Proportionality And Judicial Activism PDF Download
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Author | : Niels Petersen |
Publisher | : Cambridge University Press |
Total Pages | : 261 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1316834034 |
Download Proportionality and Judicial Activism Book in PDF, ePub and Kindle
The principle of proportionality is currently one of the most discussed topics in the field of comparative constitutional law. Many critics claim that courts use the proportionality test as an instrument of judicial self-empowerment. Proportionality and Judicial Activism tests this hypothesis empirically; it systematically and comparatively analyses the fundamental rights jurisprudence of the Canadian Supreme Court, the German Federal Constitutional Court and the South African Constitutional Court. The book shows that the proportionality test does give judges a considerable amount of discretion. However, this analytical openness does not necessarily lead to judicial activism. Instead, judges are faced with significant institutional constraints, as a result of which all three examined courts refrain from using proportionality for purposes of judicial activism.
Author | : Luís Pereira Coutinho |
Publisher | : Springer |
Total Pages | : 212 |
Release | : 2015-05-26 |
Genre | : Law |
ISBN | : 3319185497 |
Download Judicial Activism Book in PDF, ePub and Kindle
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 319 |
Release | : 2021-09-22 |
Genre | : Law |
ISBN | : 1000436411 |
Download Courts and Judicial Activism under Crisis Conditions Book in PDF, ePub and Kindle
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Author | : Yutaka Arai-Takahashi |
Publisher | : Intersentia nv |
Total Pages | : 263 |
Release | : 2002 |
Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms |
ISBN | : 9050951953 |
Download The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR Book in PDF, ePub and Kindle
5.2.3. Burden of Proof
Author | : Mordechai Kremnitzer |
Publisher | : Cambridge University Press |
Total Pages | : 689 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 1108497586 |
Download Proportionality in Action Book in PDF, ePub and Kindle
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Author | : Stefanie Lindqquist |
Publisher | : Oxford University Press |
Total Pages | : 189 |
Release | : 2009-04-23 |
Genre | : Law |
ISBN | : 0195370856 |
Download Measuring Judicial Activism Book in PDF, ePub and Kindle
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Author | : Kenneth M. Holland |
Publisher | : Springer |
Total Pages | : 230 |
Release | : 1991-06-18 |
Genre | : Law |
ISBN | : 1349117749 |
Download Judicial Activism in Comparative Perspective Book in PDF, ePub and Kindle
The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.
Author | : David F. Forte |
Publisher | : |
Total Pages | : 118 |
Release | : 1972 |
Genre | : Law |
ISBN | : |
Download The Supreme Court in American Politics Book in PDF, ePub and Kindle
Author | : Niels Petersen |
Publisher | : Cambridge University Press |
Total Pages | : 261 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1107177987 |
Download Proportionality and Judicial Activism Book in PDF, ePub and Kindle
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author | : Moshe Cohen-Eliya |
Publisher | : Cambridge University Press |
Total Pages | : 183 |
Release | : 2013-06-13 |
Genre | : Law |
ISBN | : 1107244757 |
Download Proportionality and Constitutional Culture Book in PDF, ePub and Kindle
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.