Proportionality Analysis and Models of Judicial Review

Released on by Benedikt Pirker
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  • Proportionality Analysis and Models of Judicial Review Book Detail

  • Author : Benedikt Pirker
  • Release Date : 2013
  • Publisher :
  • Genre : Judicial review
  • Pages : 0
  • ISBN 13 : 9789089521415
  • File Size : 83,83 MB
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Proportionality Analysis and Models of Judicial Review by Benedikt Pirker PDF Summary

Book Description: Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)

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