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

Administrative / Constitutional Law

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

Edited by Mordechai Kremnitzer · Talya Steiner · Andrej Lang
Cambridge University Press August 2022

Specifications

ISBN-13
9781108740166
Publisher
Cambridge University Press
Publication
August 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
6. Proportionality analysis by the Indian Supreme Court
Aparna Chandra
7. Comparative and empirical insights into judicial practice: towards an integrative model of proportionality
Talya Steiner, Andrej Lang and Mordechai Kremnitzer
Index
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