Local Meanings of Proportionality

Local Meanings of Proportionality

Author: Afroditi Ioanna Marketou

Publisher:

ISBN: OCLC:1088497530

Category: Comparative law

Page: 542

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Proportionality increasingly dominates legal imagination. Initially conceived of as a principle that regulates police action, today it is progressively established as an advanced tool of liberal constitutional science. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This thesis was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which they evolve, local paths of cultural change and local patterns of Europeanisation.
Local Meanings of Proportionality
Language: en
Pages: 542
Authors: Afroditi Ioanna Marketou
Categories: Comparative law
Type: BOOK - Published: 2018 - Publisher:

Proportionality increasingly dominates legal imagination. Initially conceived of as a principle that regulates police action, today it is progressively established as an advanced tool of liberal constitutional science. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This thesis was inspired by
Local Meanings of Proportionality
Language: en
Pages:
Authors: Afroditi Marketou
Categories: Proportionality in law
Type: BOOK - Published: 2021 - Publisher:

"Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This book was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different
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
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