With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer...
With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality c...
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solv...
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.
A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have ...
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book exam...
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on...