Procedural review in European fundamental rights cases /

Procedural review in European fundamental rights cases /

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Bibliographic Details
Imprint:	Cambridge : Cambridge University Press, 2017.
Description:	1 online resource (vii, 287 pages) : digital, PDF file(s).
Language:	English
Subject:	European Court of Human Rights. Human rights -- Europe. Civil rights -- Europe. Proportionality in law. Subsidiarity. Complementarity (International law)
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12599220

Hidden Bibliographic Details
Other authors / contributors:	Gerards, Janneke (Janneke H.), editor. Brems, Eva, editor.
ISBN:	9781316874844 (ebook) 9781107183773 (hardback) 9781316635148 (paperback)
Notes:	Title from publisher's bibliographic system (viewed on 21 Apr 2017).
Summary:	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.
Other form:	Print version: 9781107183773

Description
Summary:	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.
Item Description:	Title from publisher's bibliographic system (viewed on 21 Apr 2017).
Physical Description:	1 online resource (vii, 287 pages) : digital, PDF file(s).
ISBN:	9781316874844 9781107183773 9781316635148