[PDF] Proportionality In Action eBook

Author : Mordechai Kremnitzer
Publisher : Cambridge University Press
Page : 689 pages
File Size : 15,56 MB
Release : 2020-04-30
Category : Law
ISBN : 110875449X

GET BOOK

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.

Author : E. Thomas Sullivan
Publisher : Oxford University Press
Page : 297 pages
File Size : 36,95 MB
Release : 2009
Category : Law
ISBN : 0195324935

GET BOOK

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 : Mordechai Kremnitzer
Publisher : Cambridge University Press
Page : 689 pages
File Size : 50,42 MB
Release : 2020-04-30
Category : Law
ISBN : 1108497586

GET BOOK

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Author : Alan D. P. Brady
Publisher : Cambridge University Press
Page : 311 pages
File Size : 21,95 MB
Release : 2012-05-03
Category : Law
ISBN : 1107013003

GET BOOK

A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.

Author : Grant Huscroft
Publisher : Cambridge University Press
Page : 433 pages
File Size : 46,26 MB
Release : 2014-04-21
Category : Law
ISBN : 1107064074

GET BOOK

Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.

Author : David Duarte
Publisher : Springer
Page : 198 pages
File Size : 39,69 MB
Release : 2018-07-30
Category : Law
ISBN : 3319896474

GET BOOK

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

Author : Moshe Cohen-Eliya
Publisher : Cambridge University Press
Page : 183 pages
File Size : 13,3 MB
Release : 2013-06-13
Category : Law
ISBN : 1107021863

GET BOOK

A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.

Author : Michael Newton
Publisher : Oxford University Press
Page : 354 pages
File Size : 48,64 MB
Release : 2014-03-10
Category : Law
ISBN : 0199355045

GET BOOK

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.

Author : Judith Gardam
Publisher : Cambridge University Press
Page : 288 pages
File Size : 33,79 MB
Release : 2004-11-18
Category : Law
ISBN : 1139456172

GET BOOK

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.

Author : Vicki C. Jackson
Publisher : Cambridge University Press
Page : 353 pages
File Size : 37,33 MB
Release : 2017-09-21
Category : Law
ISBN : 1107165563

GET BOOK

This book presents important new scholarship by leading figures in constitutional law on new challenges for proportionality doctrine.