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Procedural Review in European Fundamental Rights Cases (Hardcover)
Loot Price: R2,786
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Procedural Review in European Fundamental Rights Cases (Hardcover)
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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.
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