9781107565272 (ebook) 9781107064072 (hardback) 9781107647954 (paperback)
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction / Grant Huscroft, Bradley W. Miller and Grâegoire Webber The lost meaning of proportionality / Martin Luterán Proportionality is dead : long live proportionality! / Alison L. Young Human dignity and proportionality : deontic pluralism in balancing / Mattias Kumm and Alec D. Walen Between reason and strategy : some reflections on the normativity of proportionality / George Pavlakos On the loss of rights / Grégoire Webber Proportionality and rights inflation / Kai Möller Proportionality and the question of weight / Frederick Schauer Proportionality and the relevance of interpretation / Grant Huscroft Democracy, legality and proportionality / T.R.S. Allan Proportionality and deference in a culture of justification / David Dyzenhaus Proportionality and democratic constitutionalism / Stephen Gardbaum The rationalism of proportionality's culture of justification / Mark Antaki Proportionality and incommensurability / Timothy Endicott Legislating proportionately / Richard Ekins Proportionality's blind spot : 'neutrality' and political philosophy / Bradley W. Miller Mapping the American debate over balancing / Iddo Porat.