Proportionality and Constitutional Culture
  • Author : Moshe Cohen-Eliya
  • Release Date : 13 June 2013
  • Publisher : Cambridge University Press
  • Genre : Law
  • Pages : 168
  • ISBN 13 : 9781107021860

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Book Description: A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.

Proportionality and Constitutional Culture

Proportionality and Constitutional Culture

Author : Moshe Cohen-Eliya,Iddo Porat
Publisher : Cambridge University Press
Genre : Law
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A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing....

Proportionality

Proportionality

Author : Aharon Barak
Publisher : Cambridge University Press
Genre : Law
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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 ...

Local Meanings of Proportionality

Local Meanings of Proportionality

Author : Afroditi Marketou
Publisher : Cambridge University Press
Genre : Law
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A strong counter-argument to the universalising discourse on proportionality and global constitutionalism....

Proportionality and Constitutional Culture

Proportionality and Constitutional Culture

Author : Moshe Cohen-Eliya,Iddo Porat
Publisher : Cambridge University Press
Genre : Law
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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 ...

Proportionality and the Rule of Law

Proportionality and the Rule of Law

Author : Grant Huscroft,Bradley W. Miller,Gregoire Webber
Publisher : Cambridge University Press
Genre : Law
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"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New ...

Proportionality in Asia

Proportionality in Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
Genre : Law
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"Typically, when applying PA, the judiciary would ensure that (i) the State is pursuing a legitimate objective; (ii) the governmental measure undertaken is rationally connected to the stipulated policy objective; and (iii) the right-derogation is no more than necessary to achieve those stated goals"--...

Proportionality

Proportionality

Author : Vicki C. Jackson,Mark Tushnet
Publisher : Cambridge University Press
Genre : Law
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This book presents important new scholarship by leading figures in constitutional law on new challenges for proportionality doctrine....

Proportionality in Action

Proportionality in Action

Author : Mordechai Kremnitzer,Talya Steiner,Andrej Lang
Publisher : Cambridge University Press
Genre : Law
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A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts....

Towering Judges

Towering Judges

Author : Rehan Abeyratne,Iddo Porat
Publisher : Cambridge University Press
Genre : Law
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This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws....

Constitutional Interpretation in Singapore

Constitutional Interpretation in Singapore

Author : Jaclyn L Neo
Publisher : Routledge
Genre : Law
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At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten ...

How Rights Went Wrong

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
Genre : Law
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An eminent constitutional scholar reveals how the explosion of rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent and the right to free speech. The right to worship, and to doubt. The right to be free from ...

The Ultimate Rule of Law

The Ultimate Rule of Law

Author : David M. Beatty
Publisher : Oxford University Press, USA
Genre : Law
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The Ultimate Rule of Law examines judgments of leading courts around the world on issues such as religious freedom, sex discrimination, and social and economic rights. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, ...

Constitutional Democracy in Crisis

Constitutional Democracy in Crisis

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Genre : Law
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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events ...