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Proportionality and Judicial Activism
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Proportionality and Judicial Activism

Författare:
inbunden, 2017
Engelska
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.
Undertitel
Fundamental Rights Adjudication in Canada, Germany and South Africa
Författare
Niels Petersen
ISBN
9781107177987
Språk
Engelska
Vikt
520 gram
Utgivningsdatum
2017-03-02
Sidor
260