Proportionality and Judicial Activism

Discover the intricate world of judicial decision-making with Proportionality and Judicial Activism by Niels Petersen, published by Cambridge University Press in 2018. This insightful paperback, spanning 259 pages, delves into the fundamental rights review process, focusing on the widely used proportionality test. Through a comprehensive empirical and comparative analysis of courts in Canada, Germany, and South Africa, Petersen reveals a critical perspective on how courts navigate the complexities of legal decision-making. Rather than using proportionality as a tool for policy-making, this book illustrates how courts often refrain from such practices. Ideal for legal scholars, practitioners, and anyone interested in the dynamics of judicial activism, this book offers a thought-provoking examination of proportionality in the realm of human rights.