Proportionality And Facts In Constitutional Adjudication

Download Proportionality And Facts In Constitutional Adjudication full books in PDF, epub, and Kindle. Read online free Proportionality And Facts In Constitutional Adjudication ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Proportionality and Facts in Constitutional Adjudication

Proportionality and Facts in Constitutional Adjudication
Author :
Publisher : Bloomsbury Publishing
Total Pages : 238
Release :
ISBN-10 : 9781509936991
ISBN-13 : 1509936998
Rating : 4/5 (998 Downloads)

Book Synopsis Proportionality and Facts in Constitutional Adjudication by : Anne Carter

Download or read book Proportionality and Facts in Constitutional Adjudication written by Anne Carter and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.


Proportionality and Facts in Constitutional Adjudication Related Books

Proportionality and Facts in Constitutional Adjudication
Language: en
Pages: 238
Authors: Anne Carter
Categories: Law
Type: BOOK - Published: 2022-01-27 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stag
PROPORTIONALITY AND FACTS IN CONSTITUTIONAL ADJUDICATION
Language: en
Pages: 272
Authors: DR ANNE. CARTER
Categories: Constitutional history
Type: BOOK - Published: 2022 - Publisher:

DOWNLOAD EBOOK

"This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three sta
Proportionality and Facts in Constitutional Adjudication
Language: en
Pages: 272
Authors: Anne Carter
Categories: Law
Type: BOOK - Published: 2022-01-27 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stag
Local Meanings of Proportionality
Language: en
Pages: 423
Authors: Afroditi Marketou
Categories: Law
Type: BOOK - Published: 2021-07-22 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
Facts in Public Law Adjudication
Language: en
Pages: 325
Authors: Joe Tomlinson
Categories: Law
Type: BOOK - Published: 2023-10-19 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechan