Controlling the proportionality of limitations on human rights | A study based on Benin's constitutional jurisprudence

Rodrigue Senou

ISBN 10: 6206349446 / ISBN 13: 9786206349440

Published by Our Knowledge Publishing, 2023

About this Item

Controlling the proportionality of limitations on human rights | A study based on Benin's constitutional jurisprudence | Rodrigue Senou | Taschenbuch | Englisch | 2023 | Our Knowledge Publishing | EAN 9786206349440 | Verantwortliche Person für die EU: preigu GmbH & Co. KG, Lengericher Landstr. 19, 49078 Osnabrück, mail[at]preigu[dot]de | Anbieter: preigu.

Seller Inventory # 127409058

Bibliographic Details

• Title: Controlling the proportionality of limitations on human rights | A study based on Benin's constitutional jurisprudence
• Publisher: Our Knowledge Publishing
• Publication Date: 2023
• Language: English
• ISBN 10: 6206349446
• ISBN 13: 9786206349440
• Binding: Taschenbuch
• Condition: Neu
• Dimensions: 220W x 150H x 10D millimeters 220 millimeters width by 150 millimeters height by 10 millimeters depth
• Weight: 250 grams
• Seller catalogs:
  • Bücher

About this title

Synopsis

The fundamental rights and freedoms guaranteed by the Constitution, while sacred in nature, are not absolute. Their restriction or limitation, motivated by the need to protect public order and the primacy of the general interest, is subject to the judge's control of proportionality. The latter's control of proportionality may be of high or low intensity, based on interpretation of the normative content of fundamental rights and freedoms. If this power of interpretation results from the imprecision of fundamental rights and freedoms, it seems to favor the rise in power of the judge, in his capacity as authentic interpreter of the norm and the normative content of rights and freedoms. This is even more the case for the constitutional judge, guarantor of the fundamental norm that is the Constitution, which affirms these rights and freedoms. This is where the fear of a government of judges arises. However, this fear can be dispelled by perfecting the legal elements and procedural flaws in the judge's control of the proportionality of restrictions on fundamental rights and freedoms.