Proportionality balancing and constitutional governance : a comparative and global approach / Alec Stone Sweet and Jud Mathews.
By: Stone Sweet, Alec [author.]
Series: Oxford scholarship online: Publisher: Oxford : Oxford University Press, 2019Edition: First editionDescription: 1 online resourceContent type: text Media type: computer Carrier type: online resourceISBN: 9780191876912 (ebook) :Subject(s): Human rights | Proportionality in law | Human rights -- Political aspectsAdditional Physical Form: Print version : 9780198841395DDC classification: 341.48 LOC classification: K3240Online resources: Oxford scholarship online Summary: In this text, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights.
| Item type | Current library | Class number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| ebook | House of Lords Library - Palace Online access | 1 | Available |
This edition also issued in print: 2019.
Includes bibliographical references and index.
In this text, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights.
Specialized.
Description based on online resource; title from home page (viewed on June 13, 2019).