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Proportionality Principles in American Law - Controlling Excessive Government Actions (Hardcover)
Loot Price: R1,236
Discovery Miles 12 360
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Proportionality Principles in American Law - Controlling Excessive Government Actions (Hardcover)
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Total price: R1,246
Discovery Miles: 12 460
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From the ancient origins of Just War doctrine to utilitarian and
retributive theories of punishment, concepts of proportionality
have long been an instrumental part of the rule of law and an
essential check on government power. These concepts all embody the
fundamental value that government and private actions should not be
demonstrably excessive relative to their moral and practical
justifications. In the American legal system, despite frequent
though unacknowledged use of proportionality principles, there is
no general theory of what permits courts to invalidate intrusive
measures.
In Proportionality Principles in American Law, two renowned legal
scholars seek to advance such a theory. They argue that standards
of review should be more clearly and precisely defined, and that in
most circumstances every intrusive government measure which limits
or threatens individual rights should undergo some degree of
proportionality review. Across a wide range of legal contexts, E.
Thomas Sullivan and Richard S. Frase identify three basic ways that
government measures and private remedies have been found to be
disproportionate: relative to fault; relative to alternative means
of achieving the same practical purposes; and relative to the
likely practical benefits of the measure or remedy. Using this
structure, the book examines the origins and contemporary uses of
proportionality principles in public law, civil liberties, and the
criminal justice system, emphasizing the utility of proportionality
principles to guide judicial review of excessive government
measures.
By constructing a new framework and a general theory for
constitutional judicial review, Proportionality Principles in
American Law will help courts more consistently and effectively
apply proportionality principles to better serve their vital roles
as guardians of individual rights and liberties.
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