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

By:

Cohen-Eliya, Moshe [author.]

Contributor(s):

Series: Cambridge studies in constitutional law ; 7.Publisher: Cambridge : Cambridge University Press, 2013Description: 1 online resource (xii, 168 pages) : digital, PDF file(s)Content type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781139134996 (ebook)

Other title:

Proportionality & Constitutional Culture

Subject(s):

Genre/Form:

Electronic books.

Additional physical formats: Print version: : No titleDDC classification:

342.001 23

LOC classification:

K3165 .C54 2013

Online resources:

Click here to access online

Contents:

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

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 make it an unlikely prospect.

Item type:

eBooks

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Title from publisher's bibliographic system (viewed on 05 Oct 2015).

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 make it an unlikely prospect.