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This edited volume seeks to reassess the old and to analyse and
develop novel approaches to the notion of proportionality in
criminal matters and the new security architecture. The discourse
is not limited to conventional constitutional constellations and
standard problems of sentencing in traditional criminal
proceedings. Rather, the book offers an interdisciplinary and
cross-jurisdictional exploration of highly topical,
proportionality-related issues pertinent to penal theory and legal
philosophy, criminalisation policies, security and anti-terrorism
strategies, alternative types of justice delivery, and
supranational enforcement as well as human rights and international
criminal and humanitarian law. In today's global risk society, with
its numerous visible and invisible enemies of the state and the
individual, balancing freedom and security has become nothing less
than an attempt at untying a Gordian knot. Against this background,
the proportionality of measures of crime prevention and repression
is unquestionably an issue of utmost importance, which basic
research and legal policy in rule-of-law based systems are urgently
called to address. The timely and fascinating contributions in this
book, covering jurisdictions from both the common law and the civil
law as well as hybrid and international jurisdictions, will appeal
to academics, researchers, policy advisers and practitioners
working in the areas of national and international criminal law,
comparative criminal justice/criminology and legal philosophy as
well as constitutional and security law.
This edited volume seeks to reassess the old and to analyse and
develop novel approaches to the notion of proportionality in
criminal matters and the new security architecture. The discourse
is not limited to conventional constitutional constellations and
standard problems of sentencing in traditional criminal
proceedings. Rather, the book offers an interdisciplinary and
cross-jurisdictional exploration of highly topical,
proportionality-related issues pertinent to penal theory and legal
philosophy, criminalisation policies, security and anti-terrorism
strategies, alternative types of justice delivery, and
supranational enforcement as well as human rights and international
criminal and humanitarian law. In today's global risk society, with
its numerous visible and invisible enemies of the state and the
individual, balancing freedom and security has become nothing less
than an attempt at untying a Gordian knot. Against this background,
the proportionality of measures of crime prevention and repression
is unquestionably an issue of utmost importance, which basic
research and legal policy in rule-of-law based systems are urgently
called to address. The timely and fascinating contributions in this
book, covering jurisdictions from both the common law and the civil
law as well as hybrid and international jurisdictions, will appeal
to academics, researchers, policy advisers and practitioners
working in the areas of national and international criminal law,
comparative criminal justice/criminology and legal philosophy as
well as constitutional and security law.
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