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Proportionality Balancing and Constitutional Governance

Format: Simultaneous HB & PB
Media: Hardback
PublisherCode: 9780198841395
Publisher: OUP Oxford

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. Since the 1950s, virtually every important domestic and international court has embraced proportionality analysis as the central method for protecting rights. In doing so, judges position themselves to review the important policy decisions of state officials - including legislators and executives - 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. The book is written in an approachable and relatively non-technical style that makes it appropriate for students and the informed public, as well as for scholars.

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