Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse


ISBN13: 9781107044418
Published: December 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition , ISBN13 9781107622487



Despatched in 6 to 8 days.

The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central.

Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law.

This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights.

An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction
1. Questioning a 'global age of balancing'
2. Balancing's beginnings: concepts and interests
3. 'A perfect constitutional order'
4. 'A dangerous doctrine'
5. Two paradigms of balancing
Conclusion.

Series: Cambridge Studies in Constitutional Law

Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa ISBN 9781107124097
To be published December 2016
Cambridge University Press
£64.99
Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law ISBN 9781107084285
Published September 2016
Cambridge University Press
£69.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107622487
Published October 2015
Cambridge University Press
£22.99
Reason of State: Law, Prerogative and Empire ISBN 9781107089891
Published July 2015
Cambridge University Press
£69.99
The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
Edited by: Lars Vinx
ISBN 9781107092686
Published February 2015
Cambridge University Press
£65.00
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
Published December 2013
Cambridge University Press
£24.99
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107038998
Published December 2013
Cambridge University Press
£64.99
£34.99
Proportionality and Constitutional Culture ISBN 9781107021860
Published June 2013
Cambridge University Press
£60.00
Proportionality and Constitutional Culture ISBN 9781107605718
Published June 2013
Cambridge University Press
£24.99
The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107619067
Published March 2013
Cambridge University Press
£39.99
Judging Social Rights ISBN 9781107400320
Published May 2012
Cambridge University Press
£29.99
Proportionality: Constitutional Rights and their Limitations ISBN 9781107008588
Published January 2012
Cambridge University Press
£79.99
Proportionality: Constitutional Rights and Their Limitations ISBN 9781107401198
Published January 2012
Cambridge University Press
£39.99
Parliamentary Sovereignty: Contemporary Debates ISBN 9780521140195
Published July 2010
Cambridge University Press
£30.99