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: 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: 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: 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: Matthias Klatt
Publisher: Oxford University Press on Demand
ISBN: 0199662460
Category : Law
Languages : en
Pages : 203
Get Book Here
Book Description
Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
Get Book Here
Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
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: Moshe Cohen-Eliya
Publisher: Cambridge University Press
ISBN: 1107021863
Category : Law
Languages : en
Pages : 183
Get Book Here
Book Description
A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
