Proportionality And Judicial Activism

Author : Niels Petersen
Publisher : Cambridge University Press
ISBN 13 : 1316834034
Total Pages : 261 pages
Book Rating : 4.39/5 ( download)

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Download or read book Proportionality and Judicial Activism written by Niels Petersen and published by Cambridge University Press. This book was released on 2017-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 3319185497
Total Pages : 212 pages
Book Rating : 4.91/5 ( download)

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Download or read book Judicial Activism written by Luís Pereira Coutinho and published by Springer. This book was released on 2015-05-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 1000436411
Total Pages : 319 pages
Book Rating : 4.19/5 ( download)

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Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9050951953
Total Pages : 263 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR written by Yutaka Arai-Takahashi and published by Intersentia nv. This book was released on 2002 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5.2.3. Burden of Proof

Author : Mordechai Kremnitzer
Publisher : Cambridge University Press
ISBN 13 : 1108497586
Total Pages : 689 pages
Book Rating : 4.89/5 ( download)

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Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Author : Stefanie Lindqquist
Publisher : Oxford University Press
ISBN 13 : 0195370856
Total Pages : 189 pages
Book Rating : 4.50/5 ( download)

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Download or read book Measuring Judicial Activism written by Stefanie Lindqquist and published by Oxford University Press. This book was released on 2009-04-23 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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
ISBN 13 : 1349117749
Total Pages : 230 pages
Book Rating : 4.41/5 ( download)

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Download or read book Judicial Activism in Comparative Perspective written by Kenneth M. Holland and published by Springer. This book was released on 1991-06-18 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Moshe Cohen-Eliya
Publisher : Cambridge University Press
ISBN 13 : 1107244757
Total Pages : 183 pages
Book Rating : 4.57/5 ( download)

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Download or read book Proportionality and Constitutional Culture written by Moshe Cohen-Eliya and published by Cambridge University Press. This book was released on 2013-06-13 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Josephine De Jaegere
Publisher :
ISBN 13 : 9781780686943
Total Pages : 0 pages
Book Rating : 4.43/5 ( download)

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Download or read book Judicial Review and Strategic Behaviour written by Josephine De Jaegere and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.

Author : David F. Forte
Publisher :
ISBN 13 :
Total Pages : 118 pages
Book Rating : 4.38/5 ( download)

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Download or read book The Supreme Court in American Politics written by David F. Forte and published by . This book was released on 1972 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: