Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice

ISBN-13: 9781108497589 / Angielski / Twarda / 2020 / 686 str.

Mordechai Kremnitzer; Talya Steiner; Andrej Lang

Opis

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Recenzje

'Originally developed by the German Constitutional Court, proportionality as a tool to examine limitations or infringements of fundamental rights is today discussed worldwide and practiced in more and more countries, albeit in different ways. The comparison of six leading jurisdictions makes this book a foremost source of information on the proportionality principle and a valuable guide for its practical use.' Dieter Grimm, Professor of Law, Humboldt University Berlin and Former Justice of the German Constitutional Court

Spis treści

Introduction. Analyzing proportionality comparatively and empirically Talya Steiner, Andrej Lang and Mordechai Kremnitzer; 1. Proportionality analysis by the German Federal Constitutional Court Andrej Lang; 2. Proportionality analysis by the Canadian Supreme Court Lorian Hardcastle; 3. Proportionality analysis by the South African Constitutional Court Richard Stacey; 4. Proportionality analysis by the Israeli Supreme Court Talya Steiner; 5. Proportionality analysis by the Polish Constitutional Tribunal Anna Śledzińska-Simon; 6. Proportionality analysis by the Indian Supreme Court Aparna Chandra; 7. Comparative and empirical insights into judicial practice: towards an integrative model of proportionality Talya Steiner, Andrej Lang and Mordechai Kremnitzer; Index.