Proportionality and judicial activism, fundamental rights adjudication in Canada, Germany and South Africa, Niels Petersen, University of Munster, Germany
Type
Label
Proportionality and judicial activism, fundamental rights adjudication in Canada, Germany and South Africa, Niels Petersen, University of Munster, Germany
Language
eng
Index
index present
Literary Form
non fiction
Main title
Proportionality and judicial activism
Medium
electronic resource
Nature of contents
dictionaries
Oclc number
974926489
Responsibility statement
Niels Petersen, University of Munster, Germany
Series statement
Cambridge Social Sciences eBooks
Sub title
fundamental rights adjudication in Canada, Germany and South Africa
Summary
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.--, Provided by publisher
Table Of Contents
Machine generated contents note: Introduction; 1. Judicial review and the correction of political market failures; 2. The normative debate on balancing; 3. Balancing and judicial legitimacy; 4. Proportionality as a doctrinal construction; 5. The avoidance of balancing; 6. Rationalising balancing; Conclusion: proportionality and the review of legislative rationality
Creator
Subject
- Court of last resort -- Germany
- Proportionality in law -- South Africa
- Proportionality in law -- Canada
- Political questions and judicial power -- Germany
- Proportionality in law -- Germany
- Political questions and judicial power -- Canada
- Court of last resort -- South Africa
- Court of last resort -- Canada.Court of last resort -- Canada
- Political questions and judicial power -- South Africa
Content
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Incoming Resources
- Has instance3
Outgoing Resources
- Creator1
- Subject9
- Court of last resort -- Germany
- Proportionality in law -- South Africa
- Proportionality in law -- Canada
- Political questions and judicial power -- Germany
- Proportionality in law -- Germany
- Political questions and judicial power -- Canada
- Court of last resort -- South Africa
- Court of last resort -- Canada.Court of last resort -- Canada
- Political questions and judicial power -- South Africa
- Content1
- Mapped to1