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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Proportionality and the Rule of Law - Rights, Justification, Reasoning (Paperback)
Loot Price: R1,313
Discovery Miles 13 130
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Proportionality and the Rule of Law - Rights, Justification, Reasoning (Paperback)
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Total price: R1,333
Discovery Miles: 13 330
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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.
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