Description: Proportionality Balancing and Constitutional Governance : A Comparative and Global Approach, Hardcover by Sweet, Alec Stone; Mathews, Jud, ISBN 0198841396, ISBN-13 9780198841395, Brand New, Free shipping in the US In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review,
the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest.
Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as
unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. Th explicates the concepts of trusteeship, the system of constitutional justice, the effectiveness of rights adjudication, and the zone of
proportionality. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the . Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing constitutional dialogues with the
other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.
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Book Title: Proportionality Balancing and Constitutional Governance : A Compa
Number of Pages: 250 Pages
Language: English
Publication Name: Proportionality Balancing and Constitutional Governance : a Comparative and Global Approach
Publisher: Oxford University Press, Incorporated
Subject: Public Policy / General, Human Rights, Comparative Politics, Comparative
Publication Year: 2019
Item Height: 0.7 in
Type: Textbook
Item Weight: 19.1 Oz
Author: Alec Stone Sweet, Jud Mathews
Item Length: 9.4 in
Subject Area: Law, Political Science
Item Width: 6.2 in
Format: Hardcover
