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Proportionality and Constitutional Culture

$40.99 (C)

Part of Cambridge Studies in Constitutional Law

  • Date Published: August 2013
  • availability: Available
  • format: Paperback
  • isbn: 9781107605718

$ 40.99 (C)
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About the Authors
  • Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law – balancing – shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.

    • Use of a broad set of materials from a range of disciplines makes this book relevant to political scientists and sociologists as well as constitutional lawyers
    • Sheds light on complex processes within constitutional law
    • Engages with the emerging legal field of global constitutionalism, thereby locating proportionality in the age of globalization
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    Reviews & endorsements

    "Written in an admirably readable prose, this paperback volume offers a powerful explanation for the grand questions of proportionality. Likewise, it raises thought-provoking concerns about the suitability of proportionality schemes in various legal cultures. These questions and concerns should be equally addressed to the cheerful 'epistemological optimists', the EU lawyers who are destined to keep an enquiring comparative eye on American balancing."
    Uladzislau Belavusau, Common Market Law Review

    "This is a brief book about a large subject that is admirable in its ambitions."
    David Schneiderman, International Journal of Constitutional Law

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    Product details

    • Date Published: August 2013
    • format: Paperback
    • isbn: 9781107605718
    • length: 184 pages
    • dimensions: 224 x 150 x 5 mm
    • weight: 0.26kg
    • availability: Available
  • Table of Contents

    Introduction
    1. Exposition
    2. History
    3. Political culture
    4. Epistemology
    5. Justification and authority
    6. Intent and impact
    7. The future
    Conclusion.

  • Authors

    Moshe Cohen-Eliya, Academic Center of Law and Business, Israel
    Moshe Cohen-Eliya is Dean of the Law School of the Academic Center of Law and Business, Israel.

    Iddo Porat, Academic Center of Law and Business, Israel
    Iddo Porat is a senior lecturer at the Law School of the Academic Center of Law and Business, Israel.

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