Proportionality in Action
Comparative and Empirical Perspectives on the Judicial Practice
Published on 22. April 2020
690 pages
978-1-108-57848-6 (ISBN)
Description
Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.
Reviews / Votes
'It lifts the discussion on proportionality out of the theoretical plane and places in squarely in the realm of the empirical. Their contribution is in other words exceptionally important, in steering the normative debate from a spiral of theoretical debates lifting ever further from the ground, to one shaped by the reality of practice. It is in short a considerable feat of comparative empirical constitutional scholarship.' Liora Lazarus, Associate Professor in Law, University of Oxford 'Originally developed by the German Constitutional Court, proportionality as a tool to examine limitations or infringements of fundamental rights is today discussed worldwide and practiced in more and more countries, albeit in different ways. The comparison of six leading jurisdictions makes this book a foremost source of information on the proportionality principle and a valuable guide for its practical use.' Dieter Grimm, Professor of Law, Humboldt University Berlin and Former Justice of the German Constitutional CourtMore details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises; 2 Tables, black and white; 36 Line drawings, black and white
File size
5,58 MB
ISBN-13
978-1-108-57848-6 (9781108578486)
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Schweitzer Classification
Other editions
Additional editions
Mordechai Kremnitzer | Talya Steiner | Andrej Lang
Proportionality in Action
Comparative and Empirical Perspectives on the Judicial Practice
Book
04/2020
Cambridge University Press
€185.50
Shipment within 15-20 days
Persons
Content
Introduction. Analyzing proportionality comparatively and empirically Talya Steiner, Andrej Lang and Mordechai Kremnitzer; 1. Proportionality analysis by the German Federal Constitutional Court Andrej Lang; 2. Proportionality analysis by the Canadian Supreme Court Lorian Hardcastle; 3. Proportionality analysis by the South African Constitutional Court Richard Stacey; 4. Proportionality analysis by the Israeli Supreme Court Talya Steiner; 5. Proportionality analysis by the Polish Constitutional Tribunal Anna Sledzinska-Simon; 6. Proportionality analysis by the Indian Supreme Court Aparna Chandra; 7. Comparative and empirical insights into judicial practice: towards an integrative model of proportionality Talya Steiner, Andrej Lang and Mordechai Kremnitzer; Index.
