Download A Critique Of Proportionality And Balancing Introduction Part I 2 The Maximisation Account Of Proportionality 3 The Incommensurability Objection 4 Why Proportionality 5 Proportionality Rights And Legitimate Interests Part Ii 6 Proportionality As Unconstrained Moral Reasoning 7 The Need For Legal Direction In Adjudication 8 Proportionality And The Problems Of Legally Unaided Adjudication Part Iii 9 Legal Human Rights full books in PDF, epub, and Kindle. Read online free A Critique Of Proportionality And Balancing Introduction Part I 2 The Maximisation Account Of Proportionality 3 The Incommensurability Objection 4 Why Proportionality 5 Proportionality Rights And Legitimate Interests Part Ii 6 Proportionality As Unconstrained Moral Reasoning 7 The Need For Legal Direction In Adjudication 8 Proportionality And The Problems Of Legally Unaided Adjudication Part Iii 9 Legal Human Rights ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Francisco J. Urbina |
| Publisher | : Cambridge University Press |
| Total Pages | : 289 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 1107175062 |
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
| Author | : Helge Dedek |
| Publisher | : Cambridge University Press |
| Total Pages | : 325 |
| Release | : 2021-12-16 |
| Genre | : Law |
| ISBN | : 1108841724 |
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
| Author | : Tom Ginsburg |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 681 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 0857931210 |
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
| Author | : Cristina Lafont |
| Publisher | : |
| Total Pages | : 279 |
| Release | : 2020 |
| Genre | : Philosophy |
| ISBN | : 0198848188 |
This book defends the value of democratic participation. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it.
| Author | : Grégoire C. N. Webber |
| Publisher | : Cambridge University Press |
| Total Pages | : 241 |
| Release | : 2009-11-26 |
| Genre | : Law |
| ISBN | : 1139483730 |
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
| Author | : Mark Van Hoecke |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 320 |
| Release | : 2011-02-28 |
| Genre | : Law |
| ISBN | : 1847317804 |
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
| Author | : Grant Huscroft |
| Publisher | : Cambridge University Press |
| Total Pages | : 433 |
| Release | : 2014-04-21 |
| Genre | : Law |
| ISBN | : 1139952870 |
To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
| Author | : Giorgio Bongiovanni |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 462 |
| Release | : 2009-08-19 |
| Genre | : Philosophy |
| ISBN | : 1402085001 |
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
| Author | : Julian Leeser |
| Publisher | : |
| Total Pages | : 330 |
| Release | : 2009 |
| Genre | : Civil rights |
| ISBN | : 9780980638301 |
Provides a comprehensive case against an Australian Bill of rights from the perspective of a range of different Australians.
| Author | : Timothy Dunne |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 376 |
| Release | : 2007 |
| Genre | : Political Science |
| ISBN | : 0199298335 |
This cutting-edge textbook provides a comprehensive introduction to international relations theory. Arguing that theory is central to explaining the dynamics of world politics, it includes a wide variety of theoretical positions--from the historically dominant traditions to powerful critical voices since the 1980s. The editors have brought together a team of international contributors, each specializing in a different theory. The contributors explain the theoretical background to their positions before showing how and why their theories matter. The book opens up space for analysis and debate, allowing students to decide which theories they find most useful in explaining and understanding international relations.
