Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.
| ISBN: | 9781108497589 |
| Publication date: | 30th April 2020 |
| Author: | Mordechai Kremnitzer |
| Publisher: | Cambridge University Press |
| Format: | Hardback |
| Pagination: | 686 pages |
| Series: | Cambridge Studies in Constitutional Law |
| Genres: |
Constitutional and administrative law: general Public international law Comparative politics Methods, theory and philosophy of law |
Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.
Proportionality in Action features in the following genres: Constitutional and administrative law: general, Public international law, Comparative politics, Methods, theory and philosophy of law
Proportionality in Action is available in Hardback
Proportionality in Action was written by Mordechai Kremnitzer and published by Cambridge University Press
Proportionality in Action has 686 pages
Yes it is part of Cambridge Studies in Constitutional Law series
£138.60