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Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice

Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice

Author: Mordechai Kremnitzer; Talya Steiner; Andrej Lang
Publisher: Cambridge University Press
ISBN: 9781108740166

Published In: August 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108497589

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Description
Contents

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Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.

Introduction. Analyzing proportionality comparatively and empirically

Talya Steiner, Andrej Lang and Mordechai Kremnitzer

1. Proportionality analysis by the German Federal Constitutional Court

Andrej Lang

2. Proportionality analysis by the Canadian Supreme Court

Lorian Hardcastle

3. Proportionality analysis by the South African Constitutional Court

Richard Stacey

4. Proportionality analysis by the Israeli Supreme Court

Talya Steiner

5. Proportionality analysis by the Polish Constitutional Tribunal

Anna Śledzińska-Simon