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Author: Moshe Cohen-Eliya
Publisher: Cambridge University Press
ISBN: 1107021863
Category : Law
Languages : en
Pages : 183
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Book Description
A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
Author: Moshe Cohen-Eliya
Publisher: Cambridge University Press
ISBN: 1107021863
Category : Law
Languages : en
Pages : 183
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Book Description
A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
Author: Afroditi Marketou
Publisher: Cambridge University Press
ISBN: 1108834485
Category : Law
Languages : en
Pages : 423
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Book Description
A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 1139952870
Category : Law
Languages : en
Pages : 433
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Book Description
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: Aharon Barak
Publisher: Cambridge University Press
ISBN: 9781107401198
Category : Law
Languages : en
Pages : 638
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Book Description
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: Alan D. P. Brady
Publisher: Cambridge University Press
ISBN: 1107013003
Category : Law
Languages : en
Pages : 311
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Book Description
A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Author: Vicki C. Jackson
Publisher: Cambridge University Press
ISBN: 1316738663
Category : Law
Languages : en
Pages : 353
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Book Description
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: Niels Petersen
Publisher: Cambridge University Press
ISBN: 1107177987
Category : Law
Languages : en
Pages : 261
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Book Description
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author: Francisco J. Urbina
Publisher: Cambridge University Press
ISBN: 1107175062
Category : Law
Languages : en
Pages : 289
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Book Description
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
Author: Mordechai Kremnitzer
Publisher: Cambridge University Press
ISBN: 1108497586
Category : Law
Languages : en
Pages : 689
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Book Description
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Author: Jamal Greene
Publisher: Mariner Books
ISBN: 1328518116
Category : Business & Economics
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
