Proportionality, Fundamental Rights and Balance of Powers
Author:   Davor Susnjar
Publisher:   Brill
ISBN:  

9789004182868


Pages:   390
Publication Date:   08 March 2010
Format:   Hardback
Availability:   Awaiting stock   Availability explained
The supplier is currently out of stock of this item. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out for you.

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Proportionality, Fundamental Rights and Balance of Powers


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Overview

The ECJ has applied fundamental rights and the principle of proportionality for decades. This book tries to elucidate the Court's approach to these fundamental tenets of Community law. It starts with establishing a firm theoretical foundation. Then, the book analyzes the case law of the ECJ and other constitutional courts to find out which method courts actually apply. Next, it is discussed why the courts follow a particular approach. Then, it is considered whether the approach fulfils constitutional requirements. Finally, a rationalizing model of balancing is developed. The book is useful for the practitioner as well as for the researcher. It does not present a mere summary of the Court's case law but a systematization of the underlying rationales.

Full Product Details

Author:   Davor Susnjar
Publisher:   Brill
Imprint:   Martinus Nijhoff
Dimensions:   Width: 16.00cm , Height: 2.80cm , Length: 24.00cm
Weight:   0.876kg
ISBN:  

9789004182868


ISBN 10:   9004182861
Pages:   390
Publication Date:   08 March 2010
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Awaiting stock   Availability explained
The supplier is currently out of stock of this item. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out for you.

Table of Contents

Excerpt of table of contents: Abbreviations; Note on Citations; List of Symbols; Table of Cases; I Foundations: Introduction 1 Standards of Legal Reasoning; II The Application of Fundamental Rights and the Proportionality Principle: 2 Case Law; 3 Case Law of the ECJ; III Theoretical Treatment of Balancing: 4 Balancing and Decision Theory; 5 Balancing—A Legal Perspective; 6 A Rule Based Model of Balancing; General Summary; The Plan of this Study Revisited; A Summary of Concrete Results—in Theses; References; Translations.

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Author Information

Davor Šušnjar, Dr. (2009) in Legal Theory, Legal Philosophy, and European Law, University of Bremen (Germany) is currently attending the German legal preparatory service.

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