Listing 1 - 5 of 5 |
Sort by
|
Choose an application
Communist trials --- Political questions and judicial power --- Communism --- -Communist trials --- -Political questions and judicial power --- -Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Trials (Political crimes and offenses) --- Bolshevism --- Communist movements --- Leninism --- Maoism --- Marxism --- Trotskyism --- Collectivism --- Totalitarianism --- Post-communism --- Socialism --- Village communities --- Political aspects --- -Communism --- Judicial activism --- Communist trials - Germany (West) --- Political questions and judicial power - Germany (West) --- Communism - Germany (West)
Choose an application
Politics --- Human rights --- Political rights --- Radicalism --- Civil law --- Political questions and judicial power --- -Political questions and judicial power --- -Political rights --- -Radicalism --- -342.728 <430.1> --- Extremism, Political --- Ideological extremism --- Political extremism --- Political science --- Civic rights --- Civil rights --- Citizenship --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Law, Civil --- Private law --- Roman law --- Vrijheid van vereniging--Westduitsland. Bondsrepubliek Duitsland --- Law and legislation --- Political aspects --- 342.728 <430.1> Vrijheid van vereniging--Westduitsland. Bondsrepubliek Duitsland --- 342.728 <430.1> --- Political rights - Germany, West --- Radicalism - Germany, West --- Civil law - Germany (West) --- Political questions and judicial power - Germany, West.
Choose an application
The principle of proportionality is currently one of the most discussed topics in the field of comparative constitutional law. Many critics claim that courts use the proportionality test as an instrument of judicial self-empowerment. Proportionality and Judicial Activism tests this hypothesis empirically; it systematically and comparatively analyses the fundamental rights jurisprudence of the Canadian Supreme Court, the German Federal Constitutional Court and the South African Constitutional Court. The book shows that the proportionality test does give judges a considerable amount of discretion. However, this analytical openness does not necessarily lead to judicial activism. Instead, judges are faced with significant institutional constraints, as a result of which all three examined courts refrain from using proportionality for purposes of judicial activism.
Political questions and judicial power --- Proportionality in law --- Court of last resort --- Law --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Rule of law --- Separation of powers --- Political aspects --- Political questions and judicial power - Canada --- Political questions and judicial power - Germany --- Political questions and judicial power - South Africa --- Proportionality in law - Canada --- Proportionality in law - Germany --- Proportionality in law - South Africa --- Court of last resort - Canada --- Court of last resort - Germany --- Court of last resort - South Africa
Choose an application
History of the law --- anno 1800-1899 --- Germany --- Judicial process --- Judicial discretion --- Judge-made law --- Political questions and judicial power --- History --- -Judicial discretion --- -Judge-made law --- -Political questions and judicial power --- -34 <09> --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Case law --- Judicial law --- Judicial legislation --- Law, Judge-made --- Common law --- Judicial power --- Lacunae in law --- Legislation --- Legislative power --- Discretion, Judicial --- Discretion (Law) --- Discretion of court --- Judges --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Procedure (Law) --- Rechtsgeschiedenis --(algemeen) --- Political aspects --- Interpretation and construction --- Psychological aspects --- History. --- 34 <09> Rechtsgeschiedenis --(algemeen) --- 34 <09> --- Judicial process - Germany - History --- Judicial discretion - Germany - History --- Judge-made law - Germany - History --- Political questions and judicial power - Germany - History
Choose an application
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
Judicial process --Brazil. --- Judicial process --Germany. --- Judicial process. --- Justice, Administration of --Brazil. --- Justice, Administration of --Germany. --- Justice, Administration of. --- Political questions and judicial power --Brazil. --- Political questions and judicial power --Germany. --- Political questions and judicial power. --- Political questions and judicial power --- Judicial process --- Justice, Administration of --- Philosophy & Religion --- Law, Politics & Government --- Philosophy --- Law, General & Comparative --- Constitutional law. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Interpretation and construction --- Philosophy. --- Political science. --- Law. --- Law --- Philosophy of Law. --- Law, general. --- Theories of Law, Philosophy of Law, Legal History. --- Constitutional Law. --- Public law --- Administrative law --- Philosophy of law. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law—Philosophy. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Deutschland --- Brasilien --- History. --- Legal history --- History and criticism
Listing 1 - 5 of 5 |
Sort by
|