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  3. Proportionality
  • Cited by 18
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    • Publisher:
      Cambridge University Press
      Publication date:
      28 September 2017
      21 September 2017
      ISBN:
      9781316691724
      9781107165564
      9781316617007
      DOI:
      https://doi.org/10.1017/9781316691724
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.61kg, 352 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.5kg, 351 Pages
      • Subjects:
      Constitutional and Administrative Law, Political Theory, Law, Comparative Law, Politics and International Relations, Comparative Politics
      Series:
      Comparative Constitutional Law and Policy
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    Subjects:
    Constitutional and Administrative Law, Political Theory, Law, Comparative Law, Politics and International Relations, Comparative Politics
    Series:
    Comparative Constitutional Law and Policy
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    Book description

    With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds.

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