The language of balancing is pervasive in constitutional rights
jurisprudence around the world. In this book, Jacco Bomhoff offers
a comparative and historical account of the origins and meanings of
this talismanic form of language, and of the legal discourse to
which it is central. Contemporary discussion has tended to see the
increasing use of balancing as the manifestation of a globalization
of constitutional law. This book is the first to argue that
'balancing' has always meant radically different things in
different settings. Bomhoff uses detailed case studies of early
post-war US and German constitutional jurisprudence to show that
the same unique language expresses both biting scepticism and
profound faith in law and adjudication, and both deep pessimism and
high aspirations for constitutional rights. An understanding of
these radically different meanings is essential for any evaluation
of the work of constitutional courts today.
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