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Proportionality Balancing and Constitutional Governance – A Comparative and Global Approach | Oxford Scholarship Online
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Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Alec Stone Sweet and Jud Mathews

Abstract

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful do ... More

Keywords: judicial governance, proportionality, judicial review, system of constitutional justice, constitutional rights, diffusion, judicial dialogues, limitations clauses

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780198841395
Published to Oxford Scholarship Online: July 2019 DOI:10.1093/oso/9780198841395.001.0001

Authors

Affiliations are at time of print publication.

Alec Stone Sweet, author
Saw Swee Hock Centennial Professor of Law, National University of Singapore; Senior Research Fellow, the Yale Law School

Jud Mathews, author
Associate Professor of Law at Penn State Law and a Faculty Affiliate of Penn State's School of International Affairs