Screen LibraryLocal 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...
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| Main Authors: | |
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| Published: |
Cambridge University Press,
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| Publisher Address: | Cambridge, United Kingdom : |
| Publication Dates: | 2021. |
| Literature type: | Book |
| Language: | English |
| Series: |
Cambridge studies in constitutional law
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| Subjects: | |
| Summary: |
"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"-- |
| Item Description: | Based on author's thesis (doctoral - European University Institute, 2018) issued under title: Local meanings of proportionality : judicial review in France, England and Greece. |
| Carrier Form: | viii, 414 pages ; 24 cm. |
| Bibliography: | Includes bibliographical references (pages 370-406) and index. |
| ISBN: |
9781108834483 1108834485 9781108995108 1108995101 |
| Index Number: | KJC390 |
| CLC: |
D956.5 D956.1 D95 |
| Call Number: | D95/M345 |
| Contents: | Proportionality as a cultural practice -- Proportionality in French public law -- Proportionality in English public law -- Proportionality in Greek public law -- Searching for a legal science -- Searching for an English public law -- Searching for 'a species of sympathetic magic' -- A common European culture of rights -- A common market -- Disintegration -- Conclusion. |