Proportionality and constitutional culture

by Cohen-Eliya, Moshe

Type Book

Rate 0.0 /5

Details

Files

Reviews

Download

Title Statements

Full title :Proportionality and constitutional culture / Moshe Cohen-Eliya and Iddo Porat.

Summary

"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 makes it an unlikely prospect"--Unedited summary from book.

Edition Statements

Publication Date:2013

Publication Statements

Publisher(s):Cambridge University Press
Place of Publication:Cambridge
Language:eng
Publication Date:2013

The Physical Object

Description:xii, 168 pages ; : 24 cm

Edition Identifiers

ISBN:9781107021860, 1107021863, 9781107605718, 1107605717
oclc:ocn824120011
LC Classification:K3165
Dewey Decimal:342.001

Global spread of proportionality and some analytical similarities with balancing -- History -- Culture -- Impact, intent, and indifference -- Epistemology -- Justification and authority -- The effects of proportionality.

Subjects

Constitutional law Deutschland Droit constitutionnel Proportionality in law Proportionnalité (Droit) Rechtsvergleich USA Verfassungsrecht Verhältnismässigkeitsgrundsatz