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Bibframe Work

Title
Proportionality and judicial activism
Type
Text
Monograph
Contribution
Petersen, Niels (Author)
Subject
Political questions and judicial power--Canada (LCSH)
Political questions and judicial power--Germany (LCSH)
Political questions and judicial power--South Africa (LCSH)
Proportionality in law--Canada (LCSH)
Proportionality in law--Germany (LCSH)
Proportionality in law--South Africa (LCSH)
Court of last resort--Canada (LCSH)
Court of last resort--Germany (LCSH)
Court of last resort--South Africa (LCSH)
Language
English
Geographic Coverage
Classification
LCC: K3367 .P48 2017 (Assigner: dlc) (Status: used by assigner)
DDC: 342.08/5 full (Assigner: dlc)(Source: 23)
Supplementary Content
bibliography
index
Content
text
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.
Authorized Access Point
Petersen, Niels Proportionality and judicial activism
Admin Metadata
Generation Process: DLC marc2bibframe2 v2.5.0
Status: changed
Encoding Level: prepublication
Identified By: bf:Local, 19412792
Change Date: 2018-06-28T15:55:13
Creation Date: 2016-12-20
Description Language: English
Description Authentication: Program for Cooperative Cataloging
Assigner: United States, Library of Congress

Other Edition
Petersen, Niels Verhältnismässigkeit als Rationalitätskontrolle