Proportionality, Balancing, and 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 Proportionality, Balancing, and Rights PDF full book. Access full book title Proportionality, Balancing, and Rights by Jan-R. Sieckmann. Download full books in PDF and EPUB format.
Author: Jan-R. Sieckmann
Publisher: Springer Nature
ISBN: 3030773213
Category : Civil rights
Languages : en
Pages : 255
Get Book Here
Book Description
The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Author: Jan-R. Sieckmann
Publisher: Springer Nature
ISBN: 3030773213
Category : Civil rights
Languages : en
Pages : 255
Get Book Here
Book Description
The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Author: Francisco J. Urbina
Publisher: Cambridge University Press
ISBN: 1107175062
Category : Law
Languages : en
Pages : 289
Get Book Here
Book Description
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
Author: Davor Šušnjar
Publisher: BRILL
ISBN: 9004189661
Category : Law
Languages : en
Pages : 424
Get Book Here
Book Description
The ECJ has applied fundamental rights and the principle of proportionality for decades. This book tries to elucidate the Court's approach to these fundamental tenets of Community law. It starts with establishing a firm theoretical foundation. Then, the book analyzes the case law of the ECJ and other constitutional courts to find out which method courts actually apply. Next, it is discussed why the courts follow a particular approach. Then, it is considered whether the approach fulfils constitutional requirements. Finally, a rationalizing model of balancing is developed. The book is useful for the practitioner as well as for the researcher. It does not present a mere summary of the Court's case law but a systematization of the underlying rationales.
Author: Jacco Bomhoff
Publisher: Cambridge University Press
ISBN: 1107044413
Category : Law
Languages : en
Pages : 289
Get Book Here
Book Description
A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189
Get Book Here
Book Description
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.
Author: Federica Giovanella
Publisher: Edward Elgar Publishing
ISBN: 1785369369
Category : Conflict of laws
Languages : en
Pages : 359
Get Book Here
Book Description
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Author: Kai Möller
Publisher: Oxford University Press
ISBN: 0199664609
Category : Law
Languages : en
Pages : 239
Get Book Here
Book Description
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
ISBN: 1107177987
Category : Law
Languages : en
Pages : 261
Get Book Here
Book Description
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
ISBN: 1139952870
Category : Law
Languages : en
Pages : 433
Get Book Here
Book Description
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: Aharon Barak
Publisher: Cambridge University Press
ISBN: 9781107401198
Category : Law
Languages : en
Pages : 638
Get Book Here
Book Description
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
