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Proportionality in Action - Comparative and Empirical Perspectives on the Judicial Practice (Hardcover)
Loot Price: R3,904
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Proportionality in Action - Comparative and Empirical Perspectives on the Judicial Practice (Hardcover)
Series: Cambridge Studies in Constitutional Law
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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.
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