Book Description
Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 297 pages
File Size : 50,64 MB
Release : 2017-03-30
Category : Law
ISBN : 1107183774
Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Author : Leonie M. Huijbers
Publisher :
Page : 0 pages
File Size : 41,72 MB
Release : 2019
Category : Human rights
ISBN : 9781780688879
Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. This book offers an in-depth and nuanced understanding of process-based fundamental rights review which will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
Author : Madhav Khosla
Publisher : Harvard University Press
Page : 241 pages
File Size : 48,87 MB
Release : 2020-02-04
Category : Political Science
ISBN : 0674980875
An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.
Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 32,58 MB
Release : 2010-10-28
Category : Law
ISBN : 0199228310
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 297 pages
File Size : 44,3 MB
Release : 2017-03-30
Category : Political Science
ISBN : 1316878473
Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
Author : Niels Petersen
Publisher : Cambridge University Press
Page : 261 pages
File Size : 38,56 MB
Release : 2017-03-02
Category : Law
ISBN : 1107177987
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 18,87 MB
Release : 2020
Category : Law
ISBN : 0198849648
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Author : Martin Belov
Publisher : Routledge
Page : 189 pages
File Size : 15,26 MB
Release : 2019-10-16
Category : Law
ISBN : 1000707970
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 15,86 MB
Release : 2021
Category : Law
ISBN : 1328518116
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author : Carlos Closa
Publisher : Cambridge University Press
Page : 357 pages
File Size : 16,95 MB
Release : 2016-10-13
Category : Law
ISBN : 1107108888
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.