[PDF] Proportionality Principles In American Law Download

Author : E. Thomas Sullivan
Release Date : 27 June 2022
Publisher : Oxford University Press
Genre : Law
Pages : 284
ISBN 13 : 9780195324938

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Book Description: 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.

Proportionality Principles in American Law

Author : E. Thomas Sullivan,Richard S. Frase
Publisher : Oxford University Press
Genre : Law
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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....

Proportionality Principles in American Law

Author : E. Thomas Sullivan
Publisher : Unknown
Genre : Proportionality in law
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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....

Proportionality Balancing and Constitutional Governance

Author : Alec Stone Sweet,Jud Mathews
Publisher : Oxford University Press, USA
Genre : Uncategorized
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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 ...

Revisiting Proportionality in International and European Law

Author : Ulf Linderfalk,Eduardo Gill-Pedro
Publisher : BRILL
Genre : Law
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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....

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 ...

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, ...

Comparative Constitutional Law

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Genre : Law
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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume ...

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 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....

Proportionality in International Law

Author : Michael A. Newton,Larry May
Publisher : Oxford University Press, USA
Genre : Law
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Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come ...

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Genre : Law
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A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law....

Public Protection Proportionality and the Search for Balance

Author : Benjamin Jervis Goold,Liora Lazarus,Gabriel Swiney
Publisher : Unknown
Genre : Convention for the Protection of Human Rights and Fundamental Freedoms
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"This report examines how courts in the UK and Europe respond when human rights and security appear to conflict." -- p. i....

The Margin of Appreciation in International Human Rights Law

Author : Andrew Legg
Publisher : OUP Oxford
Genre : Law
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The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human ...

The Principle of Proportionality

Author : Peter Hulsroj
Publisher : Springer Science & Business Media
Genre : Law
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The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged ...

Proportionality in Crime Control and Criminal Justice

Author : Emmanouil Billis,Nandor Knust,Jon Petter Rui
Publisher : Bloomsbury Publishing
Genre : Law
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This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers ...