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Proportionality and Judicial Activism: Fundamental Rights Adjudication in Canada, Germany and South Africa

By (author) Niels Petersen

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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.

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Helgoland: The Strange and Beautiful Story of Quantum Physics

Carlo Rovelli
Paperback / softback
208 pages
was: R 295.95
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The Coming Wave: AI, Power and Our Future

Mustafa Suleyman
Paperback / softback
352 pages
was: R 295.95
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The Order of Time

Carlo Rovelli
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224 pages
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Originally published in Italian: L'ordine del tempo (Milan: Adelphi Edizioni, 2017).

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