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| Author | : Francisco J. Urbina |
| Publisher | : |
| Total Pages | : 290 |
| Release | : 2017 |
| Genre | : |
| ISBN | : 9781316807330 |
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
| Author | : Francisco J. Urbina |
| Publisher | : Cambridge University Press |
| Total Pages | : 289 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 1107175062 |
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
| Author | : Francisco Javier Urbina Molfino |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : LAW |
| ISBN | : 9781316809525 |
"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 Javier Urbina Molfino |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : Human rights |
| ISBN | : 9781316806609 |
"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 | : Kai Möller |
| Publisher | : Oxford University Press |
| Total Pages | : 239 |
| Release | : 2012-10-25 |
| Genre | : Law |
| ISBN | : 0199664609 |
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.
| Author | : Niels Petersen |
| Publisher | : Cambridge University Press |
| Total Pages | : 261 |
| Release | : 2017-03-02 |
| Genre | : Law |
| ISBN | : 1107177987 |
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
| Author | : Grant Huscroft |
| Publisher | : Cambridge University Press |
| Total Pages | : 433 |
| Release | : 2014-04-21 |
| Genre | : Law |
| ISBN | : 1139952870 |
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 | : Moshe Cohen-Eliya |
| Publisher | : Cambridge University Press |
| Total Pages | : 183 |
| Release | : 2013-06-13 |
| Genre | : Law |
| ISBN | : 1107244757 |
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.
| Author | : Mordechai Kremnitzer |
| Publisher | : Cambridge University Press |
| Total Pages | : 689 |
| Release | : 2020-04-30 |
| Genre | : Law |
| ISBN | : 1108497586 |
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
| Author | : Benedikt Pirker |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Judicial review |
| ISBN | : 9789089521415 |
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)
