Local meanings of proportionality
"Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This book was inspired by the intuition that even though courts and lawyers around the world reason more and more...
| Otros Autores: | |
|---|---|
| Formato: | Libro |
| Idioma: | Inglés |
| Publicado: |
Cambridge, United Kingdom ; New York, NY :
Cambridge University Press
2021.
|
| Colección: | Cambridge studies in constitutional law
|
| Materias: | |
| Acceso en línea: | Acceso a información complementaria y vista previa desde Google Books |
| Sumario: | "Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This book was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England, and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which proportionality evolves, local paths of cultural change and local patterns of Europeanisation"-- |
|---|---|
| Notas: | Based on author's thesis (doctoral - European University Institute, 2018) issued under title: Local meanings of proportionality : judicial review in France, England and Greece. |
| Descripción Física: | pages cm |
| Bibliografía: | Includes bibliographical references and index. |
| ISBN: | 9781108834483 9781108995108 |
