Abstract

http://ssrn.com/abstract=2434504
 


 



Proportionality and the Rule of Law: Rights, Justification, Reasoning
Introduction


Grant Huscroft


University of Western Ontario - Faculty of Law

Bradley W. Miller


University of Western Ontario - Faculty of Law; James Madison Program in American Ideals and Institutions, Princeton University

Grégoire Webber


Queen's University - Faculty of Law; London School of Economics - Law Department

May 8, 2014

LSE Legal Studies Working Paper No. 13/2014

Abstract:     
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.

This is the Introduction to Proportionality and the Rule of Law: Rights, Justification, Reasoning, published by Cambridge University Press in April, 2014. In addition to the Introduction, this paper includes a list of contributors and a table of contents.

Number of Pages in PDF File: 29

working papers series





Download This Paper

Date posted: July 16, 2014  

Suggested Citation

Huscroft, Grant and Miller, Bradley W. and Webber, Grégoire, Proportionality and the Rule of Law: Rights, Justification, Reasoning Introduction (May 8, 2014). LSE Legal Studies Working Paper No. 13/2014. Available at SSRN: http://ssrn.com/abstract=2434504 or http://dx.doi.org/10.2139/ssrn.2434504

Contact Information

Grant Huscroft
University of Western Ontario - Faculty of Law ( email )
London, Ontario N6A 3K7 N6A 3K7
Canada
519-661-2111 ext 88375 (Phone)
519-661-3790 (Fax)
Bradley W. Miller
University of Western Ontario - Faculty of Law ( email )
London, Ontario N6A 3K7 N6A 3K7
Canada
519.661.2111 (80038) (Phone)
519.661.3790 (Fax)
James Madison Program in American Ideals and Institutions, Princeton University ( email )
Bobst Hall
83 Prospect Avenue
Princeton, NJ 08540
United States
Grégoire Webber (Contact Author)
Queen's University - Faculty of Law ( email )
Macdonald Hall
Kingston, Ontario K7L3N6
Canada
London School of Economics - Law Department ( email )
Houghton Street
London, WC2A 2AE
United Kingdom
HOME PAGE: http://www.lse.ac.uk/collections/law/staff/gregoire-webber.htm

Feedback to SSRN


Paper statistics
Abstract Views: 420
Downloads: 142
Download Rank: 178,975

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.313 seconds