Proportionality : new frontiers, new challenges /
edited by Vicki C. Jackson, Mark Tushnet
- viii, 343 pages ; 24 cm
- Comparative constitutional law and policy .
Introduction / Paradigms of Proportionality -- 1. Proportionality and rationality / Proportionality and the United States -- 5. Constitutional law and proportionality: the administrative origins of constitutional rights and how they shaped global constitutionalism / Extending the Reach of Proportionality Analysis -- 10. Positive and horizontal rights: proportionality's next frontier or a bridge too far? / Thoughts for the Future: Of Scepticism and Research Agendas -- 13. Making easy cases harder / Vicki C. Jackson and Mark Tushnet -- Robert Alexy -- 2. Proportionality outside the courts with special reference to popular and political constitutionalism / Frank I. Michelman -- 3. Is the structure of human rights practice defensible? Three puzzles and their solution / Mattias Kumm -- 4. Proportionality and absolute rights Gregoire Webber -- Moshe Cohen-Eliya and Iddo Porat -- 6. US constitutional law, proportionality, and the global model / Kai Moller -- 7. Beyond proportionality: thinking comparatively about constitutional review and punitiveness / Jacco Bomhoff -- 8. Proportionality and equality / Vicki Jackson -- 9. Proportionality and stare decisis: proposal for a new structure / Vlad Perju -- Stephen Gardbaum -- 11. Proportionality, reasonableness, and economic and social rights / Katherine G. Young -- 12. In praise of casuistry: making hard cases easier / David Beatty -- Mark Tushnet -- 14. A research agenda for the future / Aharon Barak Part l. Part ll. Part lll. Part lV.
"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"--
9781107165564 1107165563
2017026014
Proportionality in law
K247 / .P755 2017
Introduction / Paradigms of Proportionality -- 1. Proportionality and rationality / Proportionality and the United States -- 5. Constitutional law and proportionality: the administrative origins of constitutional rights and how they shaped global constitutionalism / Extending the Reach of Proportionality Analysis -- 10. Positive and horizontal rights: proportionality's next frontier or a bridge too far? / Thoughts for the Future: Of Scepticism and Research Agendas -- 13. Making easy cases harder / Vicki C. Jackson and Mark Tushnet -- Robert Alexy -- 2. Proportionality outside the courts with special reference to popular and political constitutionalism / Frank I. Michelman -- 3. Is the structure of human rights practice defensible? Three puzzles and their solution / Mattias Kumm -- 4. Proportionality and absolute rights Gregoire Webber -- Moshe Cohen-Eliya and Iddo Porat -- 6. US constitutional law, proportionality, and the global model / Kai Moller -- 7. Beyond proportionality: thinking comparatively about constitutional review and punitiveness / Jacco Bomhoff -- 8. Proportionality and equality / Vicki Jackson -- 9. Proportionality and stare decisis: proposal for a new structure / Vlad Perju -- Stephen Gardbaum -- 11. Proportionality, reasonableness, and economic and social rights / Katherine G. Young -- 12. In praise of casuistry: making hard cases easier / David Beatty -- Mark Tushnet -- 14. A research agenda for the future / Aharon Barak Part l. Part ll. Part lll. Part lV.
"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"--
9781107165564 1107165563
2017026014
Proportionality in law
K247 / .P755 2017
