Local Meanings of Proportionality

Local Meanings of Proportionality

Author: Afroditi Marketou

Publisher: Cambridge University Press

ISBN: 9781108999090

Category: Law

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This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.
Local Meanings of Proportionality
Language: en
Pages: 423
Authors: Afroditi Marketou
Categories: Law
Type: BOOK - Published: 2021-07-22 - Publisher: Cambridge University Press

A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
Local Meanings of Proportionality
Language: en
Pages:
Authors: Afroditi Marketou
Categories: Law
Type: BOOK - Published: 2021-06-30 - Publisher: Cambridge University Press

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches
Proportionality and Transformation
Language: en
Pages: 353
Authors: Francisca Pou-Giménez, Laura Clérico, Esteban Restrepo-Saldarriaga
Categories: Law
Type: BOOK - Published: 2022-11-03 - Publisher: Cambridge University Press

This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Researching the European Court of Justice
Language: en
Pages:
Authors: Mikael Rask Madsen, Fernanda Nicola, Antoine Vauchez
Categories: Law
Type: BOOK - Published: 2022-05-26 - Publisher: Cambridge University Press

The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the
Negative Comparative Law
Language: en
Pages:
Authors: Pierre Legrand
Categories: Law
Type: BOOK - Published: 2022-04-30 - Publisher: Cambridge University Press

Written under the sign of Beckett, this book addresses comparative law's commitment to the deterritorialization of the legal and its attendant claim for the normative relevance of foreign law locally in the fabrication of statutory determinations, judicial opinions, or academic reflections. Wanting to withstand the law's persistent tendency towards nationalist