Proportionality : new frontiers, new challenges / edited by Vicki C. Jackson, Mark Tushnet.
"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...
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Online Access: |
Full Text (via Cambridge) |
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Other Authors: | , |
Format: | Electronic eBook |
Language: | English |
Published: |
Cambridge, United Kingdom ; New York, NY :
Cambridge University Press,
2017.
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Series: | Comparative constitutional law and policy.
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Subjects: |
Summary: | "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"-- |
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Physical Description: | 1 online resource (viii, 343 pages) |
Bibliography: | Includes bibliographical references and index. |
ISBN: | 9781316691724 1316691721 1316617009 9781316617007 |
DOI: | 10.1017/9781316691724 |
Source of Description, Etc. Note: | Print version record. |