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04076cam a2200289 i 4500 |
| 001 - CONTROL NUMBER |
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17932406 |
| 003 - CONTROL NUMBER IDENTIFIER |
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OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
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20220829115303.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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131106s2014 nyu b 001 0 eng |
| 020 ## - INTERNATIONAL STANDARD BOOK NUMBER |
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| International Standard Book Number |
9781107647954 (pbk) |
| 040 ## - CATALOGING SOURCE |
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| Language of cataloging |
eng |
| Transcribing agency |
Library of Congress |
| 082 00 - DEWEY DECIMAL CLASSIFICATION NUMBER |
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| Classification number |
340.11 |
| Edition number |
23 |
| 245 00 - TITLE STATEMENT |
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| Title |
Proportionality and the rule of law : |
| Remainder of title |
rights, justification, reasoning / |
| Statement of responsibility, etc. |
edited by Grant Huscroft, Western University, Canada; Bradley W. Miller, Western University, Canada; Grégoire Webber, London School of Economics. |
| 264 #1 - PRODUCTION, PUBLICATION, DISTRIBUTION, MANUFACTURE, AND COPYRIGHT NOTICE |
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| Place of production, publication, distribution, manufacture |
New York, NY : |
| Name of producer, publisher, distributor, manufacturer |
Cambridge University Press, |
| Date of production, publication, distribution, manufacture, or copyright notice |
2014. |
| 300 ## - PHYSICAL DESCRIPTION |
|---|
| Extent |
ix, 421 pages ; |
| Dimensions |
24 cm |
| 504 ## - BIBLIOGRAPHY, ETC. NOTE |
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| Bibliography, etc. note |
Includes bibliographical references and index. |
| 505 00 - FORMATTED CONTENTS NOTE |
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| Formatted contents note |
Introduction / Grant Huscroft, Bradley W. Miller and Grâegoire Webber -- The lost meaning of proportionality / Martin Luterâan -- Proportionality is dead : long live proportionality! / Alison L. Young -- Human dignity and proportionality : deontic pluralism in balancing / Mattias Kumm and Alec D. Walen -- Between reason and strategy : some reflections on the normativity of proportionality / George Pavlakos -- On the loss of rights / Grâegoire Webber -- Proportionality and rights inflation / Kai Mèoller -- Proportionality and the question of weight / Frederick Schauer -- Proportionality and the relevance of interpretation / Grant Huscroft -- Democracy, legality and proportionality / T.R.S. Allan -- Proportionality and deference in a culture of justification / David Dyzenhaus -- Proportionality and democratic constitutionalism / Stephen Gardbaum -- The rationalism of proportionality's culture of justification / Mark Antaki -- Proportionality and incommensurability / Timothy Endicott -- Legislating proportionately / Richard Ekins -- Proportionality's blind spot : 'neutrality' and political philosophy / Bradley W. Miller -- Mapping the American debate over balancing / Iddo Porat. |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc. |
"To speak of human rights is to speak of proportionality. It is no exaggeration to claim that proportionality has overtaken rights as the orienting idea in contemporary human rights law and scholarship. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, and South Africa, as well as the jurisprudence of treaty-based legal systems like the European Court of Human Rights, giving rise to claims of a global model, a received approach, or, simply, the best-practice standard of rights adjudication. Even in the United States, which is widely understood to have formally rejected proportionality, some argue that the various levels of scrutiny adopted by the US Supreme Court are analogous to the standard questions posed by proportionality. As proportionality scholars are well aware, some of the early literature on balancing and rights is American, with special reference to the First Amendment. Notwithstanding proportionality's popularity, there is no consensus on its methodology. Much less does the use of a proportionality doctrine guarantee consensus on substantive rights questions. What the principle of proportionality promises is a common analytical framework, a framework the significance of which is not in its ubiquity (a mere fact), but because its structure influences (some would say controls) how courts reason to conclusions in many of the great moral and political questions confronting political communities. As a framework, proportionality analysis is superficially straightforward, setting out four questions in evaluating whether the limitation of a right is justifiable. A serviceable - but by no means canonical"-- |
| Assigning source |
Provided by publisher. |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
Proportionality in law. |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
Human rights. |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
Rule of law. |
| 650 #7 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
LAW / Jurisprudence. |
| Source of heading or term |
bisacsh |
| 700 1# - ADDED ENTRY--PERSONAL NAME |
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| Personal name |
Huscroft, Grant, |
| Relator term |
editor of compilation. |
| 700 1# - ADDED ENTRY--PERSONAL NAME |
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| Personal name |
Miller, Bradley W. |
| Fuller form of name |
(Bradley Wayne), |
| Dates associated with a name |
1968- |
| Relator term |
editor of compilation. |
| 700 1# - ADDED ENTRY--PERSONAL NAME |
|---|
| Personal name |
Webber, Grégoire C. N. |
| Fuller form of name |
(Grégoire Charles N.) |
| Relator term |
editor of compilation. |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Source of classification or shelving scheme |
Dewey Decimal Classification |
| Koha item type |
Book |
