Description: Proportionality and Constitutional Culture by Moshe Cohen-eliya, Iddo Porat Proportionality is currently the most important constitutional doctrine worldwide, spreading to every democracy apart from the USA. Although widely discussed, it has not been the subject of a thorough cultural and historical examination until now. This book compares proportionality with its counterpart in American constitutional law, balancing. LANGUAGE English CONDITION Brand New Publisher Description 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 states 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. Author Biography Moshe Cohen-Eliya is Dean of the Law School of the Academic Center of Law and Business, Israel. Iddo Porat is a senior lecturer at the Law School of the Academic Center of Law and Business, Israel. Table of Contents Introduction; 1. Exposition; 2. History; 3. Political culture; 4. Epistemology; 5. Justification and authority; 6. Intent and impact; 7. The future; Conclusion. Review Written in an admirably readable prose, this paperback volume offers a powerful explanation for the grand questions of proportionality. Likewise, it raises thought-provoking concerns about the suitability of proportionality schemes in various legal cultures. These questions and concerns should be equally addressed to the cheerful epistemological optimists, the EU lawyers who are destined to keep an enquiring comparative eye on American balancing. Uladzislau Belavusau, Common Market Law Review This is a brief book about a large subject that is admirable in its ambitions. David Schneiderman, International Journal of Constitutional Law "Written in an admirably readable prose, this paperback volume offers a powerful explanation for the grand questions of proportionality. Likewise, it raises thought-provoking concerns about the suitability of proportionality schemes in various legal cultures. These questions and concerns should be equally addressed to the cheerful epistemological optimists, the EU lawyers who are destined to keep an enquiring comparative eye on American balancing." Uladzislau Belavusau, Common Market Law Review "This is a brief book about a large subject that is admirable in its ambitions." David Schneiderman, International Journal of Constitutional Law Review Quote "Written in an admirably readable prose, this paperback volume offers a powerful explanation for the grand questions of proportionality. Likewise, it raises thought-provoking concerns about the suitability of proportionality schemes in various legal cultures. These questions and concerns should be equally addressed to the cheerful epistemological optimists, the EU lawyers who are destined to keep an enquiring comparative eye on American balancing." Uladzislau Belavusau, Common Market Law Review Promotional "Headline" A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing. Description for Bookstore Proportionality is currently the most important constitutional doctrine worldwide, spreading to every democracy apart from the USA. Although widely discussed, it has not been the subject of a thorough cultural and historical examination until now. This book compares proportionality with its counterpart in American constitutional law, balancing. Description for Library Proportionality is currently the most important constitutional doctrine worldwide, spreading to every democracy apart from the USA. Although widely discussed, it has not been the subject of a thorough cultural and historical examination until now. This book compares proportionality with its counterpart in American constitutional law, balancing. Details ISBN1107605717 Year 2013 ISBN-10 1107605717 ISBN-13 9781107605718 Media Book Publisher Cambridge University Press Series Cambridge Studies in Constitutional Law Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom DEWEY 342 Publication Date 2013-06-13 Short Title PROPORTIONALITY & CONSTITUTION Language English Series Number 7 Pages 184 Illustrations Worked examples or Exercises Audience Professional and Scholarly UK Release Date 2013-06-13 AU Release Date 2013-06-13 NZ Release Date 2013-06-13 Author Iddo Porat We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:91390669;
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Language: English
ISBN-13: 9781107605718
Author: Moshe Cohen-eliya, Iddo Porat
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Book Title: Proportionality and Constitutional Culture