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portada Proportionality and Constitutional Culture Hardback (Cambridge Studies in Constitutional Law)
Type
Physical Book
Author
Publisher
Year
2013
Language
English
Pages
179
Format
Hardcover
Dimensions
22.9 x 15.0 x 1.0 cm
Weight
0.41 kg.
ISBN13
9781107021860
Categories

Proportionality and Constitutional Culture Hardback (Cambridge Studies in Constitutional Law)

Iddo Porat (Author) · Moshe Cohen-Eliya (Author) · Cambridge University Press · Hardcover

Proportionality and Constitutional Culture Hardback (Cambridge Studies in Constitutional Law) - Cohen-Eliya, Moshe ; Porat, Iddo

New Book Imported to South Africa
Delivery: 19 Aug - 27 Aug Shipping: 5 to 6 business days.
R 2,086
R 2,086

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Synopsis "Proportionality and Constitutional Culture Hardback (Cambridge Studies in Constitutional Law) "

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.

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