The Constitutional Structure of Proportionality

Nonfiction, Reference & Language, Law, Civil Rights, Constitutional
Cover of the book The Constitutional Structure of Proportionality by Matthias Klatt, Moritz Meister, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Matthias Klatt, Moritz Meister ISBN: 9780191639920
Publisher: OUP Oxford Publication: July 19, 2012
Imprint: OUP Oxford Language: English
Author: Matthias Klatt, Moritz Meister
ISBN: 9780191639920
Publisher: OUP Oxford
Publication: July 19, 2012
Imprint: OUP Oxford
Language: English

As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy's predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for deciding concrete cases.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy's predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for deciding concrete cases.

More books from OUP Oxford

Cover of the book The Politics of Presence by Matthias Klatt, Moritz Meister
Cover of the book Secular Beats Spiritual by Matthias Klatt, Moritz Meister
Cover of the book Oxford Handbook of Music Psychology by Matthias Klatt, Moritz Meister
Cover of the book The Awakening: And Other Stories by Matthias Klatt, Moritz Meister
Cover of the book The Oxford Handbook of the History of Consumption by Matthias Klatt, Moritz Meister
Cover of the book Oxford Studies in Metaethics 11 by Matthias Klatt, Moritz Meister
Cover of the book Serengeti Story: A scientist in paradise by Matthias Klatt, Moritz Meister
Cover of the book Human Rights and European Law by Matthias Klatt, Moritz Meister
Cover of the book A Mad, Bad, and Dangerous People? by Matthias Klatt, Moritz Meister
Cover of the book Narrow Content by Matthias Klatt, Moritz Meister
Cover of the book Everyday Stories by Matthias Klatt, Moritz Meister
Cover of the book After Public Law by Matthias Klatt, Moritz Meister
Cover of the book Fynbos by Matthias Klatt, Moritz Meister
Cover of the book Food Policy: Integrating health, environment and society by Matthias Klatt, Moritz Meister
Cover of the book Women and Liberty, 1600-1800 by Matthias Klatt, Moritz Meister
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy