UID:
almahu_9947415361002882
Format:
1 online resource (vii, 287 pages) :
,
digital, PDF file(s).
ISBN:
9781316874844 (ebook)
Content:
Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
Note:
Title from publisher's bibliographic system (viewed on 21 Apr 2017).
,
The 'logics' of procedural-type review by the European Court of Human Rights / Eva Brems -- The modest promise of 'procedural review' in fundamental rights cases / Aruna Sathanapally -- Evidence based lawmaking : influences, obstacles, and the role of the European Court of Human Rights / Patricia Popelier -- Responsiveness towards fundamental rights impacts in the preparation of EU legislation / Fay Kartner and Anne Meuwese -- Procedureal review by the ECtHR : a typology / Janneke Gerards -- Procedural review by the Euorpan Court of Human Rights : view from the court / Agelika Nussberger -- Procedural fundamental rights review by the Court of Justice of the European Union / Malu Beijer -- Procedureal review in WTO law / Isabelle Van Damme -- Process and substance in judicial review in the United Kingdom and at Strasbourg : proportionality, subsidiarity, complementarity? / Roger Masterman.
Additional Edition:
Print version: ISBN 9781107183773
Language:
English
Subjects:
Law
URL:
https://doi.org/10.1017/9781316874844
URL:
Volltext
(lizenzpflichtig)
