Proportionality in Action
eBook - PDF

Proportionality in Action

Comparative and Empirical Perspectives on the Judicial Practice

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

Proportionality in Action

Comparative and Empirical Perspectives on the Judicial Practice

Book details
Table of contents
Citations

About This Book

Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.

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Yes, you can access Proportionality in Action by Mordechai Kremnitzer,Talya Steiner,Andrej Lang in PDF and/or ePUB format, as well as other popular books in Jura & Öffentliches Recht. We have over one million books available in our catalogue for you to explore.

Information

Year
2020
ISBN
9781108578486

Table of contents

  1. Cover
  2. Half-title
  3. Series information
  4. Title page
  5. Copyright information
  6. Contents
  7. List of Figures
  8. List of Tables
  9. List of Contributors
  10. Preface
  11. Table of Cases
  12. Introduction: Analysing Proportionality Comparatively and Empirically
  13. 1 Proportionality Analysis by the German Federal Constitutional Court
  14. 2 Proportionality Analysis by the Canadian Supreme Court
  15. 3 Proportionality Analysis by the South African Constitutional Court
  16. 4 Proportionality Analysis by the Israeli Supreme Court
  17. 5 Proportionality Analysis by the Polish Constitutional Tribunal
  18. 6 Limitation Analysis by the Indian Supreme Court
  19. 7 Comparative and Empirical Insights into Judicial Practice: Towards an Integrative Model of Proportionality
  20. Index