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Vol 21 No 10 Oct/Nov 2016

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Proportionality and Constitutional Culture


ISBN13: 9781107605718
Published: June 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £24.99
Hardback edition , ISBN13 9781107021860



Low stock.

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

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 9781107038998
Published December 2013
Cambridge University Press
£64.99
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
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
Published December 2013
Cambridge University Press
£60.00
£34.99
Proportionality and Constitutional Culture ISBN 9781107021860
Published June 2013
Cambridge University Press
£60.00
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