Proportionality and Judicial Activism Fundamental Rights Adjudication in Canada, Germany and South Africa |
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| Author:
| Petersen, Niels |
| ISBN: | 978-1-316-63082-2 |
| Publication Date: | Mar 2018 |
| Publisher: | Cambridge University Press
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| Book Format: | Paperback |
| List Price: | USD $37.99 |
Book Description:
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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.
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.