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Proportionality and the rule of law : rights, justification, reasoning /
"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental...
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New York,
Cambridge,
2015.
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Table of Contents:
- Introduction / Grant Huscroft, Bradley W. Miller and Grâegoire Webber
- The lost meaning of proportionality / Martin Luterâan
- Proportionality is dead : long live proportionality! / Alison L. Young
- Human dignity and proportionality : deontic pluralism in balancing / Mattias Kumm and Alec D. Walen
- Between reason and strategy : some reflections on the normativity of proportionality / George Pavlakos
- On the loss of rights / Grâegoire Webber
- Proportionality and rights inflation / Kai Mèoller
- Proportionality and the question of weight / Frederick Schauer
- Proportionality and the relevance of interpretation / Grant Huscroft
- Democracy, legality and proportionality / T.R.S. Allan
- Proportionality and deference in a culture of justification / David Dyzenhaus
- Proportionality and democratic constitutionalism / Stephen Gardbaum
- The rationalism of proportionality's culture of justification / Mark Antaki
- Proportionality and incommensurability / Timothy Endicott
- Legislating proportionately / Richard Ekins
- Proportionality's blind spot : 'neutrality' and political philosophy / Bradley W. Miller
- Mapping the American debate over balancing / Iddo Porat.