The constitutional structure of proportionality / Matthias Klatt and Moritz Meister.

Format:

Book

Author/Creator:

Klatt, Matthias.

Contributor:

Meister, Moritz.

Language:

English

Subjects (All):

Proportionality in law.

Constitutional law.

Physical Description:

1 online resource (203 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; New York : Oxford University Press, 2012.

Language Note:

English

Summary:

As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that theirobjections against the proportionality test are not convincing. It clarifies and further develops the current theories of

Contents:

Cover; Contents; List of Tables; List of Cases; List of Formulae; List of Variables; Introduction; 1. The Structure of the Proportionality Test; I. The four proportionality rules; II. The weight formula; 2. Rights, Interests, and Trumps; I. Interest model; II. Strong trump model; III. Medium trump model; IV. Weak trump model; V. Results; 3. The Method of Balancing; I. Definitional generosity; II. Rule of law; III. The impact of morals on balancing; IV. Balancing as calculation; V. Incommensurability; VI. Inviolable core content; VII. Correctness and adequateness

VIII. Overemphasis of balancingIX. Results; 4. Discretion and Deference; I. Structural discretion; II. Epistemic discretion; III. Results; 5. Positive Rights and Proportionality Analysis; I. Introduction; II. Negative rights and the proportionality test; III. Positive rights and the proportionality test; IV. Positive rights and the margin of appreciation; V. Results; 6. Epistemic Reliabilities in Proportionality Analysis; I. Introduction; II. Balancing and principles theory; III. Empirical epistemic discretion; IV. Normative epistemic discretion; V. Epistemic discretion and judicial review

VI. Results7. Case Analysis: Otto-Preminger-Institut v Austria; I. The judgment; II. Proportionality applied; III. Results; 8. Results; Bibliography; Index of Subjects; A; B; C; D; E; F; G; H; I; J; L; M; N; O; P; Q; R; S; T; U; W

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (viewed on Aug. 13, 2012).

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-174340-2

1-283-57758-5

9786613890030

0-19-163991-5

OCLC:

811490589