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

29 Pages Posted: 16 Jul 2014  

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

Multiple version iconThere are 2 versions of this paper

Date Written: May 8, 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.

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: https://ssrn.com/abstract=2434504 or http://dx.doi.org/10.2139/ssrn.2434504

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

HOME PAGE: http://law.queensu.ca/faculty-research/faculty-directory/webber

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

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