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11274 results in Jurisprudence

Page 138 of 564

  • Conclusion of Part II

  • from Part II - Great Expectations
  • Afroditi Marketou, Université du Luxembourg
  • Book:
    Local Meanings of Proportionality
    Published online:
    08 July 2021
    Print publication:
    22 July 2021, pp 254-262

  • Summary

    The Expressive Function of Proportionality. The study of difference in the use of proportionality unveils certain core characteristics of the legal cultures that embrace it. As proportionality spreads in different jurisdictions its meaning changes to adapt to local criteria for evaluating legal arguments and to local actors’ expectations of its use. It assumes a function that is sometimes very different from the one it has in the global model or in German constitutionalism. Proportionality becomes a French legal theory claiming scientific exactness, a tool for the construction of an English public law or a transplant for the Europeanisation of the Greek polity. The different meanings of proportionality in different contexts make sense, at least in part, of differences in its form and evolution observed in Part I. Indeed, even though German and European influence is present in the conceptual development of proportionality in all contexts, it is not decisive for the content that proportionality will assume each time. In spite of using elements of a transnational idiom, local actors serve their own goals, which are conceived of and set within a particular culture. Hence, proportionality, precisely due to its transnational character, acquires an expressive function. The way its meaning, form and function vary across jurisdictions despite the commonality of the terminology used, reveals the peculiar logic of local legal discourses. It reveals local ways of thinking, taboos and myths, expectations and ambitions. It also reveals local patterns of legal change.

Local Meanings of Proportionality
  • Afroditi Marketou
  • Published online:
    08 July 2021
    Print publication:
    22 July 2021
  • This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

  • HYPERLEXIS AND THE RULE OF LAW

  • Vincent Chiao
  • Journal:
    Legal Theory / Volume 27 / Issue 2 / June 2021
    Published online by Cambridge University Press:
    07 July 2021, pp. 126-148

  • On a popular understanding, the rule of law is valuable because it enables people to plan their lives. However, planning conceptions of the rule of law are undermined by the sheer quantity of legal rules, regulations, and policies characteristic of modern administrative states. Under conditions of hyperlexis, people cannot reasonably be expected to reliably use the law as a guide to conduct. Rather than conclude that the rule of law is inimical to the administrative state, however, I defend an alternative conception of the rule of law. On what I term a contestatory conception, the rule of law requires an adequate opportunity to challenge decisions made by officials in the exercise of their legal powers. The animating idea of a contestatory conception of the rule of the law is that officials should relate to citizens in the space of reasons rather than merely through the exercise of power.

Law and Administration
  • 4th edition
  • Carol Harlow, Richard Rawlings
  • Published online:
    06 July 2021
    Print publication:
    22 July 2021
  • Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.

  • From the Editors

  • Mitch Berman, Scott Hershovitz, Connie Rosati, Scott Shapiro
  • Journal:
    Legal Theory / Volume 27 / Issue 1 / March 2021
    Published online by Cambridge University Press:
    05 July 2021, p. 1
    • Article
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  • LEG volume 27 issue 1 Cover and Front matter

  • Journal:
    Legal Theory / Volume 27 / Issue 1 / March 2021
    Published online by Cambridge University Press:
    05 July 2021, pp. f1-f2
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  • LEG volume 27 issue 1 Cover and Back matter

  • Journal:
    Legal Theory / Volume 27 / Issue 1 / March 2021
    Published online by Cambridge University Press:
    05 July 2021, pp. b1-b3
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Page 138 of 564