Proportionality and the rule of law : rights, justification, reasoning / edited by Grant Huscroft, Bradley W. Miller, Grégoire Webber.

Format:

Book

Contributor:

Huscroft, Grant, editor.

Miller, Bradley W. (Bradley Wayne), 1968- editor.

Webber, Grégoire C. N. (Grégoire Charles N.), editor.

Language:

English

Subjects (All):

Proportionality in law.

Human rights.

Rule of law.

Physical Description:

1 online resource (ix, 421 pages) : digital, PDF file(s).

Other Title:

Proportionality & the Rule of Law

Place of Publication:

Cambridge : Cambridge University Press, 2014.

Language Note:

English

Summary:

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.

Contents:

Introduction / Grant Huscroft, Bradley W. Miller and Grâegoire Webber

The lost meaning of proportionality / Martin Luterán

Proportionality is dead : long live proportionality! / Alison L. Young

Human dignity and proportionality : deontic pluralism in balancing / Mattias Kumm and Alec D. Walen

Between reason and strategy : some reflections on the normativity of proportionality / George Pavlakos

On the loss of rights / Grégoire Webber

Proportionality and rights inflation / Kai Möller

Proportionality and the question of weight / Frederick Schauer

Proportionality and the relevance of interpretation / Grant Huscroft

Democracy, legality and proportionality / T.R.S. Allan

Proportionality and deference in a culture of justification / David Dyzenhaus

Proportionality and democratic constitutionalism / Stephen Gardbaum

The rationalism of proportionality's culture of justification / Mark Antaki

Proportionality and incommensurability / Timothy Endicott

Legislating proportionately / Richard Ekins

Proportionality's blind spot : 'neutrality' and political philosophy / Bradley W. Miller

Mapping the American debate over balancing / Iddo Porat.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

ISBN:

1-139-95074-6

1-139-96243-4

1-139-94969-1

1-139-96031-8

1-139-96137-3

1-107-56527-8

1-139-95713-9

1-139-95925-5

1-139-95820-8

OCLC:

879202707