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 ...
Read More
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.
Read Less
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $38.32, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2018 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $42.49, new condition, Sold by Media Smart rated 3.0 out of 5 stars, ships from Hawthorne, CA, UNITED STATES, published 2018 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $43.87, new condition, Sold by Ria Christie Books rated 5.0 out of 5 stars, ships from Uxbridge, MIDDLESEX, UNITED KINGDOM, published 2018 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $51.40, new condition, Sold by Booksplease rated 4.0 out of 5 stars, ships from Southport, MERSEYSIDE, UNITED KINGDOM, published 2018 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $57.61, new condition, Sold by Revaluation Books rated 4.0 out of 5 stars, ships from Exeter, DEVON, UNITED KINGDOM, published 2018 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $58.31, new condition, Sold by Revaluation Books rated 4.0 out of 5 stars, ships from Exeter, DEVON, UNITED KINGDOM, published 2018 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $64.33, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2018 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $67.47, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2017 by Cambridge University Press.
Add this copy of Proportionality and Judicial Activism: Fundamental to cart. $99.22, new condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2018 by Cambridge University Press.
