The Constitutional Structure of Proportionality

Moritz Meister

ISBN 10: 0199662460 / ISBN 13: 9780199662463

Published by OUP UK, 2012

About this Item

nach der Bestellung gedruckt Neuware - Printed after ordering - As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy's predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for deciding concrete cases.

Seller Inventory # 9780199662463

Bibliographic Details

• Title: The Constitutional Structure of Proportionality
• Publisher: OUP UK
• Publication Date: 2012
• Language: English
• ISBN 10: 0199662460
• ISBN 13: 9780199662463
• Binding: Buch
• Condition: Neu
• Dimensions: 240W x 161H x 16D millimeters 240 millimeters width by 161 millimeters height by 16 millimeters depth
• Weight: 476 grams

About this title

Synopsis

Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

About the Author

Matthias Klatt is Professor of Public Law, EU Law, Public International Law, and Jurisprudence at the University of Hamburg. He specializes in the philosophy of law and his first book, Making the Law Explicit: The Normativity of Legal Argumentation, was published by Hart in 2008. He is the editor of the forthcoming Institutionalized Reason: The Jurisprudence of Robert Alexy (OUP, 2012).


Moritz Meister is a Lecturing Tutor in Public Law at the University of Hamburg and a trainee lawyer at the Higher Regional Court, Hamburg. He was a student of Matthais Klatt and graduated summa cum laude with a doctorate in law from the University of Hamburg. His dissertation was published by Duncker and Humblot in 2011.