Proportionality Principles In American Law
Download Proportionality Principles In American Law full books in PDF, epub, and Kindle. Read online free Proportionality Principles In American Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Michael A. Newton |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 354 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0199355037 |
1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.
| Author | : Tom Ginsburg |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 681 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 0857931210 |
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
| Author | : Afroditi Marketou |
| Publisher | : |
| Total Pages | : |
| Release | : 2021 |
| Genre | : Proportionality in law |
| ISBN | : 9781108995108 |
"Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This book was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England, and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which proportionality evolves, local paths of cultural change and local patterns of Europeanisation"--
| Author | : Grant Huscroft |
| Publisher | : Cambridge University Press |
| Total Pages | : 433 |
| Release | : 2014-04-21 |
| Genre | : Law |
| ISBN | : 1139952870 |
To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
| Author | : Martin Belov |
| Publisher | : Routledge |
| Total Pages | : 189 |
| Release | : 2019-10-16 |
| Genre | : Law |
| ISBN | : 1000707970 |
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
| Author | : E. Thomas Sullivan |
| Publisher | : Oxford University Press |
| Total Pages | : 264 |
| Release | : 2013-07-04 |
| Genre | : Law |
| ISBN | : 0199990808 |
In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
| Author | : E. Thomas Sullivan |
| Publisher | : Oxford University Press |
| Total Pages | : 297 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 0195324935 |
From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.
| Author | : Aharon Barak |
| Publisher | : Cambridge University Press |
| Total Pages | : 638 |
| Release | : 2012-01-19 |
| Genre | : Law |
| ISBN | : 9781107401198 |
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
| Author | : Kai Ambos |
| Publisher | : Cambridge University Press |
| Total Pages | : 507 |
| Release | : 2020-01-16 |
| Genre | : Law |
| ISBN | : 1108483399 |
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
| Author | : João Dácio Rolim |
| Publisher | : Kluwer Law International |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : EU-skattepolitik |
| ISBN | : 9789041158383 |
This in-depth coverage recognizes that tax law does not exist in isolation and reveals how tax law frequently overlaps with competition law, administrative law, environmental law, and constitutional law, and how principles from these areas of practice can affect the adjudication of tax cases. Proportionality and Fair Taxation is an important guide for all involved in tax law. Tax lawyers will find valuable insights that will help with both litigation and counselling whilst practitioners, academics, and policymakers will appreciate how the book reveals the extent to which an informed awareness of proportionality coupled with reasonableness is essential for the fair, consistent, and effective application of tax rules or measures. Order Proportionality and Fair Taxation by Joao Dacio Rolim for an in-depth discussion and practical guidance on the fundamental role of proportionality in tax matters
