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
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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
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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
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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
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Proportionality and EffectivenessCONCLUSION; Table of Cases; References; Index
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SUMMARY OR ABSTRACT
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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.
OTHER EDITION IN ANOTHER MEDIUM
Title
Proportionality balancing and constitutional governance.
International Standard Book Number
9780198841395
TOPICAL NAME USED AS SUBJECT
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.