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Proportionality and Constitutional Culture


ISBN13: 9781107021860
Published: June 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £62.00
Paperback edition , ISBN13 9781107605718



Despatched in 2 to 4 days.

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 its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction
1. Exposition
2. History
3. Political Culture
4. Epistemology
5. Justification and Authority
6. Intent and Impact
7. The Future
Conclusion.

Series: Cambridge Studies in Constitutional Law

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Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law ISBN 9781107084285
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Bills of Rights in the Common Law ISBN 9781107680630
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The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
Edited by: Lars Vinx
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Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107038998
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Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
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Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
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Proportionality and Constitutional Culture ISBN 9781107605718
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£25.99
The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107619067
Published March 2013
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The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107013643
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The New Commonwealth Model of Constitutionalism: Theory and Practice ISBN 9781107401990
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Searching for the State in British Legal Thought: Competing Conceptions of the Public Sphere ISBN 9781107022485
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Judging Social Rights ISBN 9781107400320
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