Proportionality & Comparative Constitutional Law Versus Studies
(2018)12(2) Law & Ethics of Human Rights 203
15 Pages Posted: 23 Nov 2018
Date Written: January 1, 2018
Abstract
The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this practice as part of a broader call for greater dialogue between scholars and practitioners of conceptual and more empirical forms of constitutional comparison.
Keywords: Constitutional law, comparative constitutional law, comparative constitutional studies, empirical comparison, proportionality, legitimacy, necessity, comparative practice
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