Proportionality and the Rule of Law

Proportionality and the Rule of Law

Author: Grant Huscroft

Publisher: Cambridge University Press

Published: 2014-04-21

Total Pages: 433

ISBN-13: 1139952870

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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.


Book Synopsis Proportionality and the Rule of Law by : Grant Huscroft

Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Proportionality and the Rule of Law

Proportionality and the Rule of Law

Author: Grant Huscroft

Publisher: Cambridge University Press

Published: 2014-04-21

Total Pages: 433

ISBN-13: 1107064074

DOWNLOAD EBOOK

Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.


Book Synopsis Proportionality and the Rule of Law by : Grant Huscroft

Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.


Proportionality and the Rule of Law

Proportionality and the Rule of Law

Author: Grant Huscroft

Publisher: Cambridge University Press

Published: 2016-01-07

Total Pages: 0

ISBN-13: 9781107647954

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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.


Book Synopsis Proportionality and the Rule of Law by : Grant Huscroft

Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2016-01-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


A Critique of Proportionality and Balancing

A Critique of Proportionality and Balancing

Author: Francisco J. Urbina

Publisher: Cambridge University Press

Published: 2017

Total Pages: 289

ISBN-13: 1107175062

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This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.


Book Synopsis A Critique of Proportionality and Balancing by : Francisco J. Urbina

Download or read book A Critique of Proportionality and Balancing written by Francisco J. Urbina and published by Cambridge University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.


Proportionality in Law

Proportionality in Law

Author: David Duarte

Publisher: Springer

Published: 2018-07-09

Total Pages: 200

ISBN-13: 9783319896465

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This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.


Book Synopsis Proportionality in Law by : David Duarte

Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.


Revisiting Proportionality in International and European Law

Revisiting Proportionality in International and European Law

Author: Ulf Linderfalk

Publisher: BRILL

Published: 2021-05-12

Total Pages: 230

ISBN-13: 9004448071

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In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.


Book Synopsis Revisiting Proportionality in International and European Law by : Ulf Linderfalk

Download or read book Revisiting Proportionality in International and European Law written by Ulf Linderfalk and published by BRILL. This book was released on 2021-05-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.


The Function of Proportionality Analysis in European Law

The Function of Proportionality Analysis in European Law

Author: Tor-Inge Harbo

Publisher: Hotei Publishing

Published: 2015-03-20

Total Pages: 349

ISBN-13: 900428947X

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The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.


Book Synopsis The Function of Proportionality Analysis in European Law by : Tor-Inge Harbo

Download or read book The Function of Proportionality Analysis in European Law written by Tor-Inge Harbo and published by Hotei Publishing. This book was released on 2015-03-20 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.


The Constitutional Structure of Proportionality

The Constitutional Structure of Proportionality

Author: Matthias Klatt

Publisher: Oxford University Press on Demand

Published: 2012-07-19

Total Pages: 203

ISBN-13: 0199662460

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Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.


Book Synopsis The Constitutional Structure of Proportionality by : Matthias Klatt

Download or read book The Constitutional Structure of Proportionality written by Matthias Klatt and published by Oxford University Press on Demand. This book was released on 2012-07-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.


Local Meanings of Proportionality

Local Meanings of Proportionality

Author: Afroditi Marketou

Publisher: Cambridge University Press

Published: 2021-07-22

Total Pages: 423

ISBN-13: 1108834485

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A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.


Book Synopsis Local Meanings of Proportionality by : Afroditi Marketou

Download or read book Local Meanings of Proportionality written by Afroditi Marketou and published by Cambridge University Press. This book was released on 2021-07-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.


Proportionality, Fundamental Rights and Balance of Powers

Proportionality, Fundamental Rights and Balance of Powers

Author: Davor Šušnjar

Publisher: BRILL

Published: 2010-03-08

Total Pages: 424

ISBN-13: 9004189661

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This book offers a comprehensive account of the case law of the ECJ, the European Court of Human Rights, and the German Federal Constitutional Court regarding the application of fundamental rights and the application of the proportionality principle.


Book Synopsis Proportionality, Fundamental Rights and Balance of Powers by : Davor Šušnjar

Download or read book Proportionality, Fundamental Rights and Balance of Powers written by Davor Šušnjar and published by BRILL. This book was released on 2010-03-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive account of the case law of the ECJ, the European Court of Human Rights, and the German Federal Constitutional Court regarding the application of fundamental rights and the application of the proportionality principle.