Includes bibliographical references (pages 365-377) and index.
Contents
Standards of legal reasoning -- Case law -- Case law of the ECJ -- Balancing and decision theory -- Balancing : a legal perspective -- Rule based model of balancing.
Summary
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.
Local Note
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