Balancing Constitutional Rights - The Origins and Meanings of Postwar Legal Discourse

A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.

List of contents

Introduction; 1. Questioning a 'global age of balancing'; 2. Balancing's beginnings: concepts and interests; 3. 'A perfect constitutional order'; 4. 'A dangerous doctrine'; 5. Two paradigms of balancing; Conclusion.

About the author

Jacco Bomhoff is Associate Professor of Law at the London School of Economics and Political Science.

Summary

The language of 'balancing' and 'proportionality' is pervasive in contemporary constitutional law theory and practice around the world. Taking post-war US and German constitutional jurisprudence as detailed case studies, this book is the first to argue that this familiar language has radically different meanings in different settings.

Product details

• Authors: Jacco Bomhoff, Jacco (London School of Economics and Pol Bomhoff, Jacco (London School of Economics and Political Science) Bomhoff
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 31.10.2015
• EAN: 9781107622487
• ISBN: 978-1-107-62248-7
• No. of pages: 290
• Series: Cambridge Studies in Constitutional Law; Cambridge Studies in Constitut
• Subject: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law