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Full 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.
Contents
1. Introduction Janneke Gerards and Eva Brems; Part I. Foundations and Rationales for Procedural Review by Supranational Courts Deciding Fundamental Rights Cases: 2. The 'logics' of procedural-type review by the European Court of Human Rights Eva Brems; 3. The modest promise of 'procedural review' in fundamental rights cases Aruna Sathanapally; 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 Patricia Popelier; 5. Responsiveness towards fundamental rights impacts in the preparation of EU legislation Fay Kartner and Anne Meuwese; Part III. Application of Procedural Review - Comparative Perspectives: 6. Procedural review by the European Court of Human Rights - a typology: 7. Procedural review by the European Court of Human Rights - view from the Court Angelika Nussberger; 8. Procedural fundamental rights review by the Court of Justice of the European Union Malu Beijer; 9. Procedural review in WTO law Isabelle Van Damme; 10. Process and substance in judicial review in the United Kingdom and at Strasbourg: proportionality, subsidiarity, complementarity? Roger Masterman.
