Cover Image

Proportionality balancing and constitutional governance : a comparative and global approach /

The book examines the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.

Bibliographic Details
Main Authors: Stone Sweet, Alec (Author), Mathews, Jud (Author)
Format: eBook
Language:English
Published: Oxford : Oxford University Press, 2019.
Edition:First edition.
Subjects:
Human rights > Government policy.
Public interest.
Judicial review.
Droits de l'homme (Droit international) > Politique gouvernementale.
Intérêt public.
Contrôle juridictionnel des lois.
public interest.
review (function)
POLITICAL SCIENCE > Political Freedom & Security > Civil Rights.
POLITICAL SCIENCE > Political Freedom & Security > Human Rights.
Public interest
Judicial review
Human rights > Government policy
Human rights > Political aspects
Human rights
Human rights.
Electronic books.
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • Cover; Proportionality Balancing And Constitutional Governance: A Comparative And Global Approach; Copyright; Acknowledgments; Contents; 1: Constitutions, Rights, And Judicial Power; I Conceptsandmodels; Constitutions And Constitutionalism; Systems Of Constitutional Justice; Rights And Review; Diffusion; Ii Contracting And Delegation; Contracting And Delegation; Agents And Trustees; Trusteeship And Effectiveness; Iii Constitutional Change; Adjudication; Amendment; Legislation; Overview Of The Book; 2: Proportionality And Constitutional Governance
  • I Rights, Justification, Constitutional Legalityqualified Rights; Step-By-Step; Balancing; Ii Strategic Considerations; Two-Against-One; Lawmaking And Supremacy; Benefits; Iii Constitutional Governance; Charters As Blueprints; The Right To Just Governance; Alternatives; Conclusion; 3: Emergence And Diffusion; I The German Genealogy; From Theory To Law; Constitutionalization And Judicialization; Migrations; Ii The Death Of Parliamentary Sovereignty; Canada; Israel; South Africa; Iii Proportionality's Empire; Expansion; Diversity; Frontiers; Conclusion
  • 4: All Things In Proportion? The United Statesi Roots Of Proportionality In The United States; The Dormant Commerce Clause; Strict Scrutiny; Assessment; Ii Pathologies Of Tiered Review; Abdication; Incompleteness; Instability; Iii Bringing Proportionality Back In; Qualifying Rights; The Scope Of Rights; Objections; Conclusion; 5: Constitutional Dialogues; I The Legislature; Determinants; Coordinate Construction; Trusteeship And The Zone Of Proportionality; Ii The Administration; Starting Points; Compartmentalizing Proportionality; Competition, Cooperation, Convergence
  • Iii The Judiciary And The Private Lawconstitutionalizing The Private Law; Rights In The Balance; Building Horizontal Effectiveness; Conclusion; 6: Global Constitutionalism And Transnational Governance; I Treaty Regimes And Trustee Courts; Trusteeship And Lawmaking; International Courts And Proportionality; Effectiveness; Ii Proportionality And Transnational Governance; The European Convention On Human Rights; The Inter-American Convention On Human Rights; The African Conventions; Iii The Structure Of Global Constitutionalism; Charters Of Rights; Constitutional Pluralism
  • Proportionality And Effectivenessconclusion; Table Of Cases; References; Index