Procedural Review in European Fundamental Rights Cases
Publisher: Cambridge University Press
Published: 2017
Language: eng
Number of pages: 276
ISBN-13: 9781107183773
Subjects: Human rights, europe; International law
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...[This book studies] procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems."--