Description: 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.
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EAN: 9781316630822
UPC: 9781316630822
ISBN: 9781316630822
MPN: N/A
Book Title: Proportionality and Judicial Activism: Fundamental
Item Length: 22.9 cm
Number of Pages: 259 Pages
Language: English
Publication Name: Proportionality and Judicial Activism: Fundamental Rights Adjudication in Canada, Germany and South Africa
Publisher: Cambridge University Press
Publication Year: 2018
Subject: Law
Item Height: 230 mm
Item Weight: 400 g
Type: Textbook
Author: Niels Petersen
Subject Area: Constitutional Law
Item Width: 153 mm
Format: Paperback
