Jump to ContentJump to Main Navigation
The Constitutional Structure of Proportionality | Oxford Scholarship Online
Users without a subscription are not able to see the full content.

The Constitutional Structure of Proportionality

Matthias Klatt and Moritz Meister

Abstract

As constitutional law is being globalized, the quest for a common grammar or ‘generic constitutional law’ becomes more pressing. That proportionality may be one element of such common grammar is both widely accepted and highly contested. In view of this alarming tension between the triumphant success of proportionality and the severity of criticism, the book engages in an in-depth analysis of this criticism and demonstrate that the objections against the proportionality test are not convincing. The book clarifies and further develops the current theories of proportionality and balancing. While ... More

Keywords: proportionality, balancing, principles theory, generic consititutional law

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199662463
Published to Oxford Scholarship Online: September 2012 DOI:10.1093/acprof:oso/9780199662463.001.0001

Authors

Affiliations are at time of print publication.

Matthias Klatt, author
Professor of Public Law, EU Law, Public International Law and Jurisprudence, University of Hamburg

Moritz Meister, author
Trainee Lawyer, Higher Regional Court of Justice Hamburg