Langbeschreibung
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Inhaltsverzeichnis
Introduction; 1. Judicial review and the correction of political market failures; 2. The normative debate on balancing; 3. Balancing and judicial legitimacy; 4. Proportionality as a doctrinal construction; 5. The avoidance of balancing; 6. Rationalising balancing; Conclusion: proportionality and the review of legislative rationality.