عنوان
پدید آورنده
موضوع
رده
JC571 .S76 2019
JC571
.
S76
2019
کتابخانه
محل استقرار
0191876917
0192578367
9780191876912
9780192578365
9780198841395
Proportionality balancing and constitutional governance :
[Book]
a comparative and global approach /
Alec Stone Sweet and Jud Mathews.
First edition.
Oxford :
Oxford University Press,
2019.
©2019
1 online resource
Includes bibliographical references and index.
Cover; Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach; Copyright; Acknowledgments; Contents; 1: Constitutions, Rights, and Judicial Power; I CONCEPTSANDMODELS; Constitutions and Constitutionalism; Systems of Constitutional Justice; Rights and Review; Diffusion; II CONTRACTING AND DELEGATION; Contracting and Delegation; Agents and Trustees; Trusteeship and Effectiveness; III CONSTITUTIONAL CHANGE; Adjudication; Amendment; Legislation; OVERVIEW OF THE BOOK; 2: Proportionality and Constitutional Governance
4: All Things in Proportion? The United StatesI ROOTS OF PROPORTIONALITY IN THE UNITED STATES; The Dormant Commerce Clause; Strict Scrutiny; Assessment; II PATHOLOGIES OF TIERED REVIEW; Abdication; Incompleteness; Instability; III BRINGING PROPORTIONALITY BACK IN; Qualifying Rights; The Scope of Rights; Objections; CONCLUSION; 5: Constitutional Dialogues; I THE LEGISLATURE; Determinants; Coordinate Construction; Trusteeship and the Zone of Proportionality; II THE ADMINISTRATION; Starting Points; Compartmentalizing Proportionality; Competition, Cooperation, Convergence
I RIGHTS, JUSTIFICATION, CONSTITUTIONAL LEGALITYQualified Rights; Step-by-Step; Balancing; II STRATEGIC CONSIDERATIONS; Two-Against-One; Lawmaking and Supremacy; Benefits; III CONSTITUTIONAL GOVERNANCE; Charters as Blueprints; The Right to Just Governance; Alternatives; CONCLUSION; 3: Emergence and Diffusion; I THE GERMAN GENEALOGY; From Theory to Law; Constitutionalization and Judicialization; Migrations; II THE DEATH OF PARLIAMENTARY SOVEREIGNTY; Canada; Israel; South Africa; III PROPORTIONALITY'S EMPIRE; Expansion; Diversity; Frontiers; CONCLUSION
III THE JUDICIARY AND THE PRIVATE LAWConstitutionalizing the Private Law; Rights in the Balance; Building Horizontal Effectiveness; CONCLUSION; 6: Global Constitutionalism and Transnational Governance; I TREATY REGIMES AND TRUSTEE COURTS; Trusteeship and Lawmaking; International Courts and Proportionality; Effectiveness; II PROPORTIONALITY AND TRANSNATIONAL GOVERNANCE; The European Convention on Human Rights; The Inter-American Convention on Human Rights; The African Conventions; III THE STRUCTURE OF GLOBAL CONSTITUTIONALISM; Charters of Rights; Constitutional Pluralism
Proportionality and EffectivenessCONCLUSION; Table of Cases; References; Index
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The book examines the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.
Proportionality balancing and constitutional governance.
9780198841395
Human rights-- Political aspects.
Human rights.
Human rights-- Political aspects.
Human rights.
POLITICAL SCIENCE-- Political Freedom & Security-- Civil Rights.
POLITICAL SCIENCE-- Political Freedom & Security-- Human Rights.
POL-- 004000
POL-- 035010
323
23
JC571
.
S76
2019
Stone Sweet, Alec
Mathews, Jud
20200822092731.0
pn
مطالعه متن کتاب [Book]
Y
