The Role of the Proportionality Test in the Workplace Surveillance Field

2019 ◽  
pp. 579-595
Author(s):  
Andrea Sitzia
Keyword(s):  
Proportionality Test ◽  
Workplace Surveillance

Proportionality Balancing and Constitutional Governance

2019 ◽  
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Human Rights ◽  
Rights Protection ◽  
Law And Politics ◽  
Constitutional State ◽  
International Court ◽  
Wide Range ◽  
Constitutional Justice ◽  
Proportionality Test ◽  
Basic Features

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

8. Abuse of Discretion II

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
Decision Maker ◽  
Judicial Review ◽  
Administrative Law ◽  
Variable Intensity ◽  
English Law ◽  
Proportionality Test

This chapter examines grounds of judicial review that are substantive in two senses: it reduces the range of substantive options open to a decision-maker, or it involves judicial examination of the quality of the reasons for the decision itself, rather than the quality of the process adopted by the decision-maker. The chapter first considers the doctrine of reasonableness or rationality in administrative law before discussing the doctrine of proportionality and the notion of judicial deference in relation to variable intensity review. It also explores the role of the proportionality test in English law and the question of whether English courts are heading towards jettisoning the reasonableness doctrine in favour of utilizing proportionality in all relevant cases.

scholarly journals Covid-19 and Employee Surveillance

2020 ◽  
Vol 45 (2) ◽  
pp. 42-56
Author(s):  
Stephen Blumenfeld ◽  
Gordon Anderson ◽  
Val Hooper
Keyword(s):  
Collective Bargaining ◽  
Work Environment ◽  
Personal Information ◽  
Office Building ◽  
Privacy Concerns ◽  
Working From Home ◽  
Global Pandemic ◽  
Workplace Monitoring ◽  
Workplace Surveillance

While working from home is not a new concept, the advent of the Covid-19 pandemic has, for many in the workforce, rendered it the ‘new normal’, concomitant with enhanced use of workplace surveillance technologies to monitor and track staff working from home. Even prior to the global pandemic, organisations were increasingly using a variety of electronic surveillance methods to monitor their employees and the places where they work, whether it be in an office building or remotely. This technology traverses various facets of the work environment, including email communications, web browsing, the use of active badges for locating and tracking employees, and the gathering of personal information by employers. The application of these technologies, nevertheless, raises privacy concerns, which are exacerbated when work is undertaken in employees’ own homes, a phenomenon that has become more prevalent due to Covid-19. This article addresses the issue of electronic workplace monitoring, its implications for employees’ privacy and the role of collective bargaining in addressing this emergent practice, which has also been given new impetus during the pandemic.

The Rule of Law: The Role of Judicial Review in Promoting Human Rights and Social Reform

2016 ◽  
Author(s):  
Lauren Sampson
Keyword(s):  
Judicial Review ◽  
Review Process ◽  
Constitutional Rights ◽  
Same Sex ◽  
Political Debate ◽  
State Legislation ◽  
Same Sex Marriage ◽  
The Rule Of Law ◽  
Proportionality Test

The purpose of this paper is to investigate the expanded scope of judicial review after the introduction of the Canadian Charter of Rights and Freedoms in 1982 and the subsequent power of courts to strike down legislation that violates constitutional rights. Subsequent interpretations of the Charter have transformed such rights into litigation tools and sources of empowerment capable of mobilizing forces for social change. Through an analysis of major cases and rulings, the paper will argue that the adoption of the Charter and the constraints existent upon popularly controlled institutions have established  judicial systems as the primary guarantors of citizen and minority rights and the active instigators ofsocial reform in Canadian civil society. Each of the chosen cases bears monumental political and legal significance. R. v. Oakes created a proportionality test used to assess and potentially remove state legislation infringing on Charter‐protected liberties; R. v. Morgentaler decriminalized abortion and represented a definitive judicial foray into a contentious ethical and political debate; Vriend v. Alberta removed the last bastion of sanctioned discrimination against homosexuals, providing a foundation for The Same Sex Marriage Reference and finally Halpern v. Canada rendered Ontario the first jurisdiction in North America to recognize same‐sex marriage. The paper will also address the limited capacities of legislative bodies to meet demands for reform, leaving them to assume chiefly reactive roles. Finally, it will examine and evaluate criticism levied at the judicial review process, with particular attention paid toaccusations of anti‐majority and undemocratic tendencies.  

scholarly journals Evidence and Proportionality in Free Movement Cases: The Impact of the Scotch Whisky Case

2019 ◽  
Vol 11 (1) ◽  
pp. 109-130
Author(s):  
Oliver BARTLETT ◽  
Angus MACCULLOCH
Keyword(s):  
Public Health ◽  
Evidence Base ◽  
Free Movement ◽  
Supporting Evidence ◽  
National Courts ◽  
Proportionality Test ◽  
Health Objectives ◽  
The Impact ◽  
Scotch Whisky

Market interventions to protect public health are likely to be subject to EU law challenge as contrary to the rules on free movement. In the Scotch Whisky case the CJEU stressed the importance of defined public health objectives and supporting evidence in the analysis of whether interventions are justified as “appropriate” and “necessary”. This article considers the wider implications of this judgment for the application of the proportionality test in free movement cases and in the case of innovative interventions that are adopted on a complex evidence base. The article argues that the unusual development that Scotch Whisky made to the CJEU’s wider trend towards greater engagement with evidence should be treated with caution, and that it is possible for national courts to apply the new guidance on the role of evidence in the proportionality analysis with sensitivity. The article also argues that policymakers must now be more aware of how they frame innovative interventions and the evidence supporting them.

Role of dactinomycin in the improved survival of children with Wilms' tumor

JAMA ◽  
1966 ◽  
Vol 195 (12) ◽  
pp. 1005-1009 ◽  
Author(s):  
D. J. Fernbach
Keyword(s):  
Wilms Tumor

Role of the allergist in diagnosis and management of patients with uveitis

JAMA ◽  
1966 ◽  
Vol 195 (3) ◽  
pp. 167-172 ◽  
Author(s):  
T. E. Van Metre
Keyword(s):  
Diagnosis And Management

The power of norms to sway fused group members

2018 ◽  
Vol 41 ◽  
Author(s):  
Winnifred R. Louis ◽  
Craig McGarty ◽  
Emma F. Thomas ◽  
Catherine E. Amiot ◽  
Fathali M. Moghaddam
Keyword(s):  
Evolutionary Anthropology ◽  
Normative Systems ◽  
Violent Extremism ◽  
Identity Fusion ◽  
Group Members

AbstractWhitehouse adapts insights from evolutionary anthropology to interpret extreme self-sacrifice through the concept of identity fusion. The model neglects the role of normative systems in shaping behaviors, especially in relation to violent extremism. In peaceful groups, increasing fusion will actually decrease extremism. Groups collectively appraise threats and opportunities, actively debate action options, and rarely choose violence toward self or others.

Elaborating the role of reflection and individual differences in the study of folk-economic beliefs

2018 ◽  
Vol 41 ◽  
Author(s):  
Kevin Arceneaux
Keyword(s):  
Decision Making ◽  
Individual Differences ◽  
Cognitive Processes ◽  
Evolutionary History ◽  
Behavioral Responses ◽  
History Of ◽  
Economic Beliefs

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.

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