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Proportionality Principles in American Law
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Proportionality Principles in American Law: Controlling Excessive Government Actions

E. Thomas Sullivan and Richard S. Frase

Abstract

Explicit and implicit proportionality principles have been applied in many legal contexts and formulations, but they all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. This book gives primary emphasis to the use of proportionality principles to guide constitutional judicial review of punishment and other intrusive government measures. There is currently no general theory of what normative concepts permit courts to find a government measure unconstitutional on the grounds of excessivenes ... More

Keywords: disproportionality, excessiveness, individual rights, judicial review, punishment, proportionality, unconstitutional

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780195324938
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780195324938.001.0001

Authors

Affiliations are at time of print publication.

E. Thomas Sullivan, author
University of Minnesota

Richard S. Frase, author
University of Minnesota

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