Skip to main content Accessibility help
×

Maintenance update

Due to planned maintenance, between 07:00 - 16:00 (UTC) purchasing will not be available. We apologise for any inconvenience.

  1. Home
  2. Books
  3. Balancing Constitutional Rights
  • Cited by 42
      • Show more authors
      • You may already have access via personal or institutional login
    • Select format
    • Publisher:
      Cambridge University Press
      Publication date:
      18 December 2013
      19 December 2013
      ISBN:
      9781107360280
      9781107044418
      9781107622487
      DOI:
      https://doi.org/10.1017/CBO9781107360280
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.56kg, 290 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.42kg, 290 Pages
      • Subjects:
      Constitutional and Administrative Law, Law, Comparative Law, Jurisprudence
      Series:
      Cambridge Studies in Constitutional Law (10)
    You may already have access via personal or institutional login
    • Selected: Digital
    Add to cart View cart Buy from Cambridge.org
    Subjects:
    Constitutional and Administrative Law, Law, Comparative Law, Jurisprudence
    Series:
    Cambridge Studies in Constitutional Law (10)
    Information

    Book description

    The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.

    Awards

    Second place (joint), 2015 Peter Birks Prize for Outstanding Scholarship, Society of Legal Scholars

    Refine List

    Actions for selected content:

    Select all | Deselect all
    • View selected items
    • Export citations
    • Download PDF (zip)
    • Save to Kindle
    • Save to Dropbox
    • Save to Google Drive

    Save Search

    You can save your searches here and later view and run them again in "My saved searches".

    Please provide a title, maximum of 40 characters.
    Cancel
    ×

    Contents

    Contents

    Metrics

    Altmetric attention score

    Full text views

    Total number of HTML views: 0
    Total number of PDF views: 0 *
    Loading metrics...

    Book summary page views

    Total views: 0 *
    Loading metrics...

    * Views captured on Cambridge Core between #date#. This data will be updated every 24 hours.

    Usage data cannot currently be displayed.

    Accessibility standard: Unknown

    Why this information is here

    This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.

    Accessibility Information

    Accessibility compliance for the HTML of this book is currently unknown and may be updated in the future.