"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction / Vicki C. Jackson and Mark Tushnet Part l. Paradigms of Proportionality. 1. Proportionality and rationality / Robert Alexy 2. Proportionality outside the courts with special reference to popular and political constitutionalism / Frank I. Michelman 3. Is the structure of human rights practice defensible? Three puzzles and their solution / Mattias Kumm 4. Proportionality and absolute rights / Grégoire Webber Part ll. Proportionality and the United States. 5. The administrative origins of constitutional rights and how they shaped global constitutionalism / Moshe Cohen-Eliya and Iddo Porat 6. US constitutional law, proportionality, and the global model / Kai Möller 7. Beyond proportionality: thinking comparatively about constitutional review and punitiveness / Jacco Bomhoff 8. Proportionality and equality / Vicki C. Jackson 9. Proportionality and stare decisis: proposal for a new structure / Vlad Perju Part lll. Extending the Reach of Proportionality Analysis. 10. Positive and horizontal rights: proportionality's next frontier or a bridge too far? / Stephen Gardbaum 11. Proportionality, reasonableness, and economic and social rights / Katherine G. Young 12. In praise of casuistry: making hard cases easier / David M. Beatty Part lV. Thoughts for the Future: Of Scepticism and Research Agendas. 13. Making easy cases harder / Mark Tushnet 14. A research agenda for the future / Aharon Barak.
K247 .P755 2017
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017.