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Researcher | Institution | Original publication | Reading recommendations | Beyond | CitationIn an empirical analysis of the German and the South African constitutional courts and the Canadian Supreme Court, the study presented in this video examines the use of the concept of balancing. Contrary to the common understanding, NIELS PETERSEN shows that courts do not use balancing to engange in judicial activism. Instead, they restrain themselves and employ proportionality as an instrument of rationality review, i.e. a means for compensating political market failures.
DOI:
https://doi.org/10.21036/LTPUB10012
Institution
University of Münster (Westfälische Wilhelms-Universität Münster)
Founded in 1780, the WWU Münster is a university with tradition. 250 courses of study, 43,000 students, a staff of 5,850 including 590 professors - as well as 550 partnership agreements with universities and other academic institutions all over the world. Münster University has developed a strong research profile in natural sciences, humanities, medicine, law and business administration. It targets top-level research in high-performance areas and combines this with promoting first-class junior research staff. (Source: WWU)
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Original publication
Verhältnismäßigkeit als Rationalitätskontrolle. Eine Rechtsempirische Studie Verfassungsrechtlicher Rechtsprechung zu den Freiheitsgrundrechten
Jus Publicum 238
Published in 2015
Reading recommendations
Democracy and Distrust: A Theory of Judicial Review
Published in 1980The Politics of Constitutional Review in Germany
Published in 2004Fragile Democracies: Contested Power in the Era of Constitutional Courts
Published in 2015Abwägung im Verfassungsrecht
Published in 1976A Theory of Constitutional Rights
Published in 2009Beyond
A Ground-breaking Scientific Revolution
An Alarming Challenge for Society
If I Had a Second Life
A Personal Reading Recommendation