The Constitutional Structure of Proportionality

• An original and comprehensive analysis of one of the most important and controversial elements of global constitutionalism
• Presents new theories of absolute rights and of positive obligations, clarifying their role in balancing human rights
• Defends the proportionality test as a core element of constitutional rights reasoning

As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. 
Building upon on Robert Alexy's predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for deciding concrete cases.

 Readership: Scholars and students working in constitutional law, public law, and human rights law; practitioners working in public law