Procedural Review in European Fundamental Rights Cases

Janneke Gerards, Eva Brems

• Publisher: Cambridge University Press
• Year: 2017
• Print ISBN:
  9781107183773
• eBook ISBN:
  9781316879955
• Topic: Politics & International Relations
• Subtopic: Human Rights
• Index: Politics & International Relations

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.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Contents
• List of Contributors
• 1 Procedural Review in European Fundamental Rights Cases: Introduction
• Part I Foundations and Rationales for Procedural Review by Supranational Courts Deciding Fundamental Rights Cases
• Part II The (Potential) Value of Procedural Review for Supranational Courts Deciding Fundamental Rights Cases: Political Science Perspectives
• Part III Application of Procedural Review: Comparative Perspectives
• Index