000 01504nam a2200181Ia 4500
020 _a9781107565272
100 _aHuscroft,Grant
_94315
100 _aMiller,Bradley W
100 _aWebber,Grégoire
245 0 _aProportionality and the rule of law
_b:rights justification reasoning
260 _aNew York,
_bCambridge University Press:
_c2014.
500 _aTo speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
650 _aConstitutional and Administrative Law
650 _aLaw
650 _aJurisprudence
_94
856 _uhttps://doi.org/10.1017/CBO9781107565272
942 _cEBK
999 _c10230
_d10230