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Proportionality and judicial activism : fundamental rights adjudication in Canada, Germany and South Africa
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Proportionality and judicial activism : fundamental rights adjudication in Canada, Germany and South Africa
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Book
Proportionality and judicial activism : fundamental rights adjudication in Canada, Germany and South Africa
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Overview
\"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.
Publisher
Cambridge University Press
Subject
Political questions and judicial power Canada.
/ Political questions and judicial power Germany.
/ Political questions and judicial power South Africa.
/ Proportionality in law Canada.
/ Proportionality in law Germany.
/ Proportionality in law South Africa.
/ Court of last resort Canada.
ISBN
9781107177987, 1107177987
Item info:
1
item available
1
item total in all locations
| Call Number | Copies | Material | Location |
|---|---|---|---|
| K3367.P48 2017 | 1 | BOOK | AUTOSTORE |
