A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
In this study, Caroline Henckels examines how investment tribunals have balanced the competing interests of host states and foreign investors in determining state liability in disputes concerning the exercise of public power. Analyzing the concepts of proportionality and deferen…
"The principle of proportionality is currently one of the most discussed topics in the field of comparative constitutional law. Many critics claim that courts use the proportionality test as an instrument of judicial self-empowerment. Proportionality and Judicial Activism tests …
Cover; Half title; Title; Copyright; Contents; Contributors; Preface; 1 Introduction; I. The Rise of Proportionality; II. Conceptions of Proportionality; III. Proportionality and Rights; IV. Proportionality and Justification; V. Proportionality and Reasoning; VI. Conclusion; Par…
"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts…
The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented.…
