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Proportionality and Constitutional Culture

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Proportionality and Constitutional Culture - Cohen-Eliya, Moshe, and Porat, Iddo
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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 ...

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Proportionality and Constitutional Culture 2013, Cambridge University Press, Cambridge

ISBN-13: 9781107021860

Hardcover

Proportionality and Constitutional Culture 2013, Cambridge University Press, Cambridge

ISBN-13: 9781107605718

Trade paperback