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Proportionality and the Rule of Law
Rights, Justification, Reasoning

$129.00 (C)

Grant Huscroft, Bradley W. Miller, Grégoire Webber, Martin Luterán, Alison L. Young, Mattias Kumm, Alec D. Walen, George Pavlakos, Kai Möller, Frederick Schauer, T. R. S. Allan, David Dyzenhaus, Stephen Gardbaum, Mark Antaki, Timothy Endicott, Richard Ekins, Iddo Porat
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  • Date Published: April 2014
  • availability: Available
  • format: Hardback
  • isbn: 9781107064072

$ 129.00 (C)
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About the Authors
  • 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.

    • Provides a comparative approach to proportionality and human rights law, incorporating insights from a variety of approaches to constitutional law
    • Brings together leading proponents and critics of proportionality
    • Addresses many of the leading rights controversies around the world
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    Product details

    • Date Published: April 2014
    • format: Hardback
    • isbn: 9781107064072
    • length: 432 pages
    • dimensions: 231 x 160 x 25 mm
    • weight: 0.75kg
    • contains: 1 b/w illus. 1 table
    • availability: Available
  • Table of Contents

    1. Introduction Grant Huscroft, Bradley W. Miller and Grégoire Webber
    Part I. Conceptions of Proportionality:
    2. The lost meaning of proportionality Martin Luterán
    3. Proportionality is dead: long live proportionality! Alison L. Young
    4. Human dignity and proportionality: deontic pluralism in balancing Mattias Kumm and Alec D. Walen
    5. Between reason and strategy: some reflections on the normativity of proportionality George Pavlakos
    Part II. Proportionality and Rights:
    6. On the loss of rights Grégoire Webber
    7. Proportionality and rights inflation Kai Möller
    8. Proportionality and the question of weight Frederick Schauer
    9. Proportionality and the relevance of interpretation Grant Huscroft
    Part III. Proportionality and Justification:
    10. Democracy, legality and proportionality T. R. S. Allan
    11. Proportionality and deference in a culture of justification David Dyzenhaus
    12. Proportionality and democratic constitutionalism Stephen Gardbaum
    13. The rationalism of proportionality's culture of justification Mark Antaki
    Part IV. Proportionality and Reasoning:
    14. Proportionality and incommensurability Timothy Endicott
    15. Legislating proportionately Richard Ekins
    16. Proportionality's blind spot: 'neutrality' and political philosophy Bradley W. Miller
    17. Mapping the American debate over balancing Iddo Porat.

  • Editors

    Grant Huscroft, University of Western Ontario
    Grant Huscroft is Professor in the Faculty of Law at Western University in London, Canada, where he is a founding member of the Public Law and Legal Philosophy Research Group. His research focuses on constitutional rights and judicial review, and his work has been published in Canada, the United States, the UK, New Zealand, and Australia. He is co-author of the treatise The New Zealand Bill of Rights (2003) and has edited/co-edited seven collections of essays.

    Bradley W. Miller, University of Western Ontario
    Bradley W. Miller is Associate Professor in the Faculty of Law at Western University in London, Canada, where he is a founding member of the Public Law and Legal Philosophy Research Group. His research focuses on theories of constitutional interpretation and the place of moral reasoning in legal reasoning. He has been published in the American Journal of Jurisprudence, the Canadian Journal of Law and Jurisprudence, Public Law Review, and Res Publica.

    Grégoire Webber, London School of Economics and Political Science
    Grégoire Webber is Associate Professor of Law at the London School of Economics and Political Science. His research focuses on rights, public law, and the philosophy of law and has been published in the Oxford Journal of Legal Studies, the Law Quarterly Review, and the Modern Law Review. He is the author of The Negotiable Constitution: On the Limitation of Rights (2009), published by Cambridge University Press.

    Contributors

    Grant Huscroft, Bradley W. Miller, Grégoire Webber, Martin Luterán, Alison L. Young, Mattias Kumm, Alec D. Walen, George Pavlakos, Kai Möller, Frederick Schauer, T. R. S. Allan, David Dyzenhaus, Stephen Gardbaum, Mark Antaki, Timothy Endicott, Richard Ekins, Iddo Porat

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