Proportionality Cambridge Studies In Constitutional Law Free Download eBook in PDF and EPUB. You can find writing review for Proportionality Cambridge Studies In Constitutional Law and get all the book for free.


Proportionality and Constitutional Culture

Author: Moshe Cohen-Eliya
Publisher: Cambridge University Press
Language:
Number of Pages:
Format Type: PDF, Kindle
Size: 10,32 MB
Download: 452
Read Online: 1154

Download


A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.


Proportionality

Author: Aharon Barak
Publisher: Cambridge University Press
Language:
Number of Pages:
Format Type: PDF, Mobi
Size: 17,54 MB
Download: 693
Read Online: 518

Download


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.


Proportionality in Law

Author: David Duarte
Publisher: Springer
Language:
Number of Pages:
Format Type: PDF
Size: 21,75 MB
Download: 465
Read Online: 928

Download


This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.


Cambridge Yearbook of European Legal Studies Vol 15 2012 2013

Author: Catherine Barnard
Publisher: Bloomsbury Publishing
Language:
Number of Pages:
Format Type: PDF
Size: 23,75 MB
Download: 874
Read Online: 914

Download


The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board John Bell Alan Dashwood Simon Deakin David Feldman Richard Fentiman Angus Johnston John R Spencer Founding Editors Alan Dashwood Angela Ward


Proportionality and Judicial Activism

Author: Niels Petersen
Publisher: Cambridge University Press
Language:
Number of Pages:
Format Type: PDF, Kindle
Size: 19,39 MB
Download: 722
Read Online: 813

Download


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.


Cambridge Yearbook of European Legal Studies Vol 16 2013 2014

Author: Albertina Albors-Llorens
Publisher: Bloomsbury Publishing
Language:
Number of Pages:
Format Type: PDF
Size: 24,85 MB
Download: 235
Read Online: 1148

Download


The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.


Rights in Divided Societies

Author: Colin Harvey
Publisher: Bloomsbury Publishing
Language:
Number of Pages:
Format Type: PDF, ePub
Size: 10,67 MB
Download: 447
Read Online: 835

Download


This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?


Proportionality and the Rule of Law

Author: Grant Huscroft
Publisher: Cambridge University Press
Language:
Number of Pages:
Format Type: PDF, ePub, Mobi
Size: 15,82 MB
Download: 698
Read Online: 223

Download


"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, and South Africa, as well as the jurisprudence of treaty-based legal systems like the European Court of Human Rights, giving rise to claims of a global model, a received approach, or, simply, the best-practice standard of rights adjudication. Even in the United States, which is widely understood to have formally rejected proportionality, some argue that the various levels of scrutiny adopted by the US Supreme Court are analogous to the standard questions posed by proportionality. As proportionality scholars are well aware, some of the early literature on balancing and rights is American, with special reference to the First Amendment. Notwithstanding proportionality's popularity, there is no consensus on its methodology. Much less does the use of a proportionality doctrine guarantee consensus on substantive rights questions. What the principle of proportionality promises is a common analytical framework, a framework the significance of which is not in its ubiquity (a mere fact), but because its structure influences (some would say controls) how courts reason to conclusions in many of the great moral and political questions confronting political communities. As a framework, proportionality analysis is superficially straightforward, setting out four questions in evaluating whether the limitation of a right is justifiable. A serviceable - but by no means canonical"--


Dimensions of Dignity

Author: Jacob Weinrib
Publisher: Cambridge University Press
Language:
Number of Pages:
Format Type: PDF, ePub, Docs
Size: 23,74 MB
Download: 834
Read Online: 394

Download


Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.


Proportionality and Deference Under the UK Human Rights Act

Author: Alan D. P. Brady
Publisher: Cambridge University Press
Language:
Number of Pages:
Format Type: PDF, Docs
Size: 23,42 MB
Download: 236
Read Online: 313

Download


Revision of thesis (Doctoral)- London School of Economics, 2010.


Best Books