Published online by Cambridge University Press: 14 April 2020
The introduction sets out an overview of different strands and developments in the scholarship on proportionality, demonstrating that the majority of previous approaches are normative in nature. Against this background, the introduction points to the advantages of learning more about the nuanced ways in which proportionality is actually applied in judicial practice. It argues for a comparative inquiry of proportionality aimed at the differences and similarities between countries. It also emphasizes the potential of an empirical approach to constitutional scholarship to better ground normative debates on the actual judicial practice. The introduction describes the book's research design and methodology, and lays out the book's goals: to contribute to the understanding of the global constitutional phenomenon of proportionality by taking an empirical and comparative approach; to provide an empirically grounded, doctrinally thorough descriptive account of the diverse practices of proportionality in action by six apex courts; to challenge some of the prevalent assumptions about proportionality and enrich the normative debate by providing fresh basis for argument regarding the doctrine's optimal model of application.
To save this book to your Kindle, first ensure email@example.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.