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Proportionality And Constitutional Culture Moshe Coheneliya

Name: Proportionality And Constitutional Culture Moshe Coheneliya
SKU: BELL-38172572
Price: 31.00 USD
Availability: InStock
Rating: 4.8 (94 reviews)

SKU: BELL-38172572

$ 31.00 ~~$ 45.00~~ (-31%)

4.8

94 reviews

Proportionality And Constitutional Culture Moshe Coheneliya instant download after payment.

Publisher: Cambridge University Press

File Extension: PDF

File size: 2.11 MB

Pages: 184

Author: Moshe Cohen-Eliya, Iddo Porat

ISBN: 9781107021860, 1107021863

Language: English

Year: 2013

Product desciption

Proportionality And Constitutional Culture Moshe Coheneliya by Moshe Cohen-eliya, Iddo Porat 9781107021860, 1107021863 instant download after payment.

Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law – balancing – shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.