Proportionality : new frontiers, new challenges /

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Bibliographic Details
Imprint:	New York : Cambridge University Press, 2017.
Description:	1 online resource (viii, 343 pages)
Language:	English
Series:	Comparative constitutional law and policy Comparative constitutional law and policy.
Subject:	Proportionality in law. Proportionality in law.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/13540691

Hidden Bibliographic Details
Other authors / contributors:	Jackson, Vicki C., editor. Tushnet, Mark, 1945- editor.
ISBN:	9781316754108 1316754103 9781107165564 1107165563
Notes:	Includes bibliographical references and index. Print version record.
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"--
Other form:	Print version: Proportionality. New York : Cambridge University Press, 2017 9781107165564

Table of Contents:

Introduction / Vicki C. Jackson and Mark Tushnet
Proportionality and rationality / Robert Alexy
Proportionality outside the courts, with special reference to popular and political constitutionalism / Frank I. Michelman
Is the structure of human rights practice defensible? Three puzzles and their solution / Mattias Kumm
Proportionality and absolute rights / Gregoire Webber
The administrative origins of constitutional rights and global constitutionalism / Moshe Cohen-Eliya and Iddo Porat
US constitutional law, proportionality, and the global model / Kai Möller
Beyond proportionality: thinking comparatively about constitutional review and punitiveness / Jacco Bomhoff
Proportionality and equality / Vicki Jackson
Proportionality and stare decisis: proposal for a new structure / Vlad Perju
Positive and horizontal rights: proportionality's next frontier or a bridge too far? / Stephen Gardbaum
Proportionality, reasonableness, and economic and social rights / Katherine G. Young
In praise of casuistry: making hard cases easier / David M. Beatty
Making easy cases harder / Mark Tushnet
A research agenda for the future / Aharon Barak.

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