Procedural Review in European Fundamental Rights Cases

Author: Janneke Gerards; Eva Brems  

Publisher: Cambridge University Press‎

Publication year: 2017

E-ISBN: 9781316879955

P-ISBN(Paperback): 9781107183773

Subject: D08 Other political theory problems

Keyword: 其他政治理论问题

Language: ENG

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Procedural Review in European Fundamental Rights Cases

Description

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.

Chapter

3 The Modest Promise of ‘Procedural Review’ in Fundamental Rights Cases

Part II The (Potential) Value of Procedural Review for Supranational Courts Deciding Fundamental Rights Cases: Political Science Perspectives

4 Evidence-Based Lawmaking: Influences, Obstacles and the Role of the European Court of Human Rights

5 Responsiveness towards Fundamental Rights Impacts in the Preparation of EU Legislation

Part III Application of Procedural Review: Comparative Perspectives

6 Procedural Review by the ECtHR: A Typology

7 Procedural Review by the ECHR: View from the Court

8 Procedural Fundamental Rights Review by the Court of Justice of the European Union

9 Procedural Review in WTO Law

10 Process and Substance in Judicial Review in the United Kingdom and at Strasbourg: Proportionality, Subsidiarity, Complementarity?

Index

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