Proportionality and Judicial Activism: Fundamental Rights Adjudication in Canada

Description: Proportionality and Judicial Activism by Niels Petersen This book analyses the predominant tool of fundamental rights review in the world - the proportionality test. An empirical and comparative analysis of courts in Canada, Germany and South Africa, it shows that courts avoid using proportionality as a means to make policy through legal decision making. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher 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. Author Biography Niels Petersen is Professor of Public Law, International Law and EU Law at Westfälische Wilhelms-Universität MÜnster, Germany. He is the author of a number of articles published in leading comparative constitutional law journals. Table of Contents 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. Review Niels Petersons Proportionality and Judicial Activism is a very timely and accomplished book. It is an important addition to the now quite considerable literature on proportionality, and it would benefit anyone interested in this omnipresent doctrine, especially in the three jurisdictions it covers - Germany, Canada, and South Africa. The book is not too long, and extremely readable - two non-negligible advantages for any reader - and Peterson has a rare capacity of simplifying intricate analytical moves and theoretical constructs without losing accuracy, a talent he also applies to the many cases he reviews in the book. The book is also innovative and ambitious, making it a very interesting and enriching read. Iddo Porat, International Journal of Constitutional Law Promotional This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism. Review Quote Niels Petersons Proportionality and Judicial Activism is a very timely and accomplished book. It is an important addition to the now quite considerable literature on proportionality, and it would benefit anyone interested in this omnipresent doctrine, especially in the three jurisdictions it covers - Germany, Canada, and South Africa. The book is not too long, and extremely readable - two non-negligible advantages for any reader - and Peterson has a rare capacity of simplifying intricate analytical moves and theoretical constructs without losing accuracy, a talent he also applies to the many cases he reviews in the book. The book is also innovative and ambitious, making it a very interesting and enriching read. Iddo Porat, International Journal of Constitutional Law Promotional "Headline" This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism. Description for Bookstore This book analyses the predominant tool of fundamental rights review in the world - the proportionality test. An empirical and comparative analysis of courts in Canada, Germany and South Africa, it shows that courts avoid using proportionality as a means to make policy through legal decision making. Description for Library This book analyses the predominant tool of fundamental rights review in the world - the proportionality test. An empirical and comparative analysis of courts in Canada, Germany and South Africa, it shows that courts avoid using proportionality as a means to make policy through legal decision making. Details ISBN1107177987 Author Niels Petersen Publisher Cambridge University Press Year 2017 ISBN-10 1107177987 ISBN-13 9781107177987 Format Hardcover Imprint Cambridge University Press Subtitle Fundamental Rights Adjudication in Canada, Germany and South Africa Place of Publication Cambridge Country of Publication United Kingdom Pages 258 DEWEY 342.085 Media Book Affiliation Westfalische Wilhelms-Universitat Munster, Germany Publication Date 2017-03-02 Short Title Proportionality and Judicial Activism Language English UK Release Date 2017-03-02 AU Release Date 2017-03-02 NZ Release Date 2017-03-02 Illustrations Worked examples or Exercises; 1 Halftones, black and white Alternative 9781316630822 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:168627107;

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