Proportionality Balancing And Constitutional Governance PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Proportionality Balancing And Constitutional Governance PDF full book. Access full book title Proportionality Balancing And Constitutional Governance.
Author | : Alec Stone Sweet |
Publisher | : Oxford University Press, USA |
Total Pages | : 249 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198841396 |
Download Proportionality Balancing and Constitutional Governance Book in PDF, ePub and Kindle
In this book, Alec Stone Sweet and Jud Mathews focus 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 analysis 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 such policies 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 analyse: 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 very heart of governance in the modern constitutional state and beyond.
Author | : E. Thomas Sullivan |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0195324935 |
Download Proportionality Principles in American Law Book in PDF, ePub and Kindle
From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.
Author | : Jan-R. Sieckmann |
Publisher | : Springer Nature |
Total Pages | : 255 |
Release | : |
Genre | : Civil rights |
ISBN | : 3030773213 |
Download Proportionality, Balancing, and Rights Book in PDF, ePub and Kindle
The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Author | : Jacco Bomhoff |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2013-12-19 |
Genre | : Law |
ISBN | : 1107044413 |
Download Balancing Constitutional Rights Book in PDF, ePub and Kindle
A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Author | : Alec Stone Sweet |
Publisher | : Oxford University Press |
Total Pages | : 248 |
Release | : 2019-05-16 |
Genre | : Political Science |
ISBN | : 0192578367 |
Download Proportionality Balancing and Constitutional Governance Book in PDF, ePub and Kindle
In this book, Alec Stone Sweet and Jud Mathews focus 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 analysis 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 such policies 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 analyse: 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 very heart of governance in the modern constitutional state and beyond.
Author | : Francisco J. Urbina |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2017 |
Genre | : Law |
ISBN | : 1107175062 |
Download A Critique of Proportionality and Balancing Book in PDF, ePub and Kindle
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
Author | : Niels Petersen |
Publisher | : Cambridge University Press |
Total Pages | : 261 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1107177987 |
Download Proportionality and Judicial Activism Book in PDF, ePub and Kindle
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author | : Mordechai Kremnitzer |
Publisher | : Cambridge University Press |
Total Pages | : 689 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 1108497586 |
Download Proportionality in Action Book in PDF, ePub and Kindle
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Author | : Michaela Hailbronner |
Publisher | : Oxford University Press |
Total Pages | : 267 |
Release | : 2015-10-29 |
Genre | : Law |
ISBN | : 0191054380 |
Download Traditions and Transformations Book in PDF, ePub and Kindle
German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive conception of the rule of law and the widespread support for its powerful Constitutional Court are typically explained in one of two ways: as a story of change in reaction to National Socialism, or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to understand the rise of the German Constitutional Court. It interprets the particular features of German constitutional jurisprudence and the Court's strength as a reconciliation of two different legal paradigms: first, a hierarchical legal culture as described by Mirjan Damaska, building on Max Weber, as opposed to a more co-ordinate understanding of legal authority such as prevails in the United States, and secondly, the turn towards a transformative understanding of constitutionalism, as it is today most often associated with countries such as South Africa and India. Using post-war legal history and sociological and empirical research in addition to case law, this book demonstrates how German constitutionalism has harmonized the frequently conflicting demands of these two legal paradigms, resulting in a distinctive type of constitutional reasoning, at once open, pragmatic, formalist, and technical, which this book labels Value Formalism. Value Formalism, however, also comes with serious drawbacks, such as a lack of institutional self-reflection in the Court's jurisprudence and a closure of constitutional discourse to laymen, whom it excludes from the realm of legitimate interpreters.
Author | : Grant Huscroft |
Publisher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2014-04-21 |
Genre | : Law |
ISBN | : 1139952870 |
Download Proportionality and the Rule of Law Book in PDF, ePub and Kindle
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.