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| Author | : Moshe Cohen-Eliya |
| Publisher | : Cambridge University Press |
| Total Pages | : 183 |
| Release | : 2013-06-13 |
| Genre | : Law |
| ISBN | : 1107021863 |
A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
| Author | : Grant Huscroft |
| Publisher | : Cambridge University Press |
| Total Pages | : 433 |
| Release | : 2014-04-21 |
| Genre | : Law |
| ISBN | : 1139952870 |
To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
| Author | : Vicki C. Jackson |
| Publisher | : Cambridge University Press |
| Total Pages | : 353 |
| Release | : 2017-09-21 |
| Genre | : Law |
| ISBN | : 1316738663 |
With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds.
| Author | : Moshe Cohen-Eliya |
| Publisher | : Cambridge University Press |
| Total Pages | : 183 |
| Release | : 2013-06-13 |
| Genre | : Law |
| ISBN | : 1107244757 |
Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.
| Author | : Afroditi Marketou |
| Publisher | : Cambridge University Press |
| Total Pages | : 423 |
| Release | : 2021-07-22 |
| Genre | : Law |
| ISBN | : 1108834485 |
A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
| Author | : Aharon Barak |
| Publisher | : Cambridge University Press |
| Total Pages | : 638 |
| Release | : 2012-01-19 |
| Genre | : Law |
| ISBN | : 9781107401198 |
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
| Author | : Robert F. Nagel |
| Publisher | : Univ of California Press |
| Total Pages | : 252 |
| Release | : 1989 |
| Genre | : Law |
| ISBN | : 9780520082786 |
| Author | : John A. Ferejohn |
| Publisher | : Cambridge University Press |
| Total Pages | : 430 |
| Release | : 2001-10-08 |
| Genre | : History |
| ISBN | : 9780521793704 |
This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
| Author | : Alan D. P. Brady |
| Publisher | : Cambridge University Press |
| Total Pages | : 311 |
| Release | : 2012-05-03 |
| Genre | : Law |
| ISBN | : 1107013003 |
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
| Author | : Rehan Abeyratne |
| Publisher | : Cambridge University Press |
| Total Pages | : 361 |
| Release | : 2021-03-25 |
| Genre | : Law |
| ISBN | : 1108840213 |
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
