Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice

Proportionality in Action explores the proportionality doctrine through empirical and comparative analysis, covering six jurisdictions and drawing on case law and a mixed methodological approach. It concludes with a comparative chapter and supports an integrated approach to proportionality application.

Format: Paperback / softback
Length: 688 pages
Publication date: 11 August 2022
Publisher: Cambridge University Press

Proportionality in Action is a comprehensive empirical and comparative exploration of the proportionality doctrine, drawing on detailed accounts of its application by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland, and India. Each country analysis is written and contextualized by a constitutional scholar from the relevant jurisdiction, providing a deep understanding of the legal and constitutional framework. The book employs a mixed methodological approach, combining an expansive coding scheme for quantitative analysis with qualitative analysis that engages with the substance of the decisions and captures nuance. The analysis draws upon a large sample of case law, providing comparable and quantifiable measurements that are enriched by qualitative analysis that captures the essence of the decisions and provides them with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. The authors argue in favor of an integrated approach to the application of proportionality, focusing on deviations of the practice from theory.

Weight: 988g
Dimension: 154 x 230 x 43 (mm)
ISBN-13: 9781108740166