Suchergebnisse

"This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test - suitability, necessity, and balancing - it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales , where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely."--

Copy of an article printed in the Equal Rights recording the development of the National Woman's Party's feminist efforts since the 6th International Conference of American States in Havana, January 16th, 1928. Other articles published in this volume are also included

Intro -- Foreword -- Acknowledgements -- Contents -- List of Contributors -- 1. Introduction -- I. Facts in Constitutional Adjudication -- II. Facts in Administrative Law -- III. Facts in Broader Perspective -- IV. Towards a Public Law of Evidence? -- PART I: FACTS IN CONSTITUTIONAL ADJUDICATION -- 2. The Rise of Facts in Public Law -- I. Introduction -- II. Factual Assessments in Judicial Review of Administrative Action -- III. Factual Assessments in Judicial Review of Legislation -- IV. Systemic Challenges to Regulatory Regimes -- V. Facts as Constitutional Causes of Action -- VI. Conclusion -- 3. Parliaments and Facts: Deepening Deliberation -- I. Proportionality, Deference and Fact-Finding -- II. Criteria and their Limitations -- III. Judicial Evaluation of Legislative Fact-finding and Deliberation: A Proposed Approach -- IV. Conclusion -- 4. One Important Role of Facts in Constitutional Adjudication -- I. Introduction -- II. The Various Roles of Facts in Constitutional Adjudication -- III. Institutional Mandates and Implications in the Australian Constitution and their Significance -- IV. The Reality of Institutions, and their Place in Australian Constitutional Adjudication -- V. Adjudicating Institutional Mandates and their Implications -- VI. Two Examples: One Good, One Bad -- 5. Citizenship Denied - Constitutional Facts, and the Independence of Papua New Guinea -- I. Introduction -- II. The Australian Administration of Papua New Guinea -- III. The Transfer of Citizenship from Australia to Papua New Guinea -- IV. The Facts and Conduct of the Litigation -- V. Interpreting the Constitution of Papua New Guinea -- VI. 'Immigrant' Status -- VII. The Relationship between Immigrant Status and Nationality - The Minister's Arguments in the Lee Litigation -- VIII. Conclusion -- PART II: FACTS IN ADMINISTRATIVE LAW.