Proportionality is a relation between two things held, metaphorically, in either side of a balance. Proportionality is a ground of judicial review of executive decisions when and only when the law requires judges to hold the scales, and to weigh one set of interests against another. That can be a just and convenient way for the law to give special protection for interests that call for that protection (as the law of the European Convention on Human Rights and European Union law do, and the common law does in some circumstances). Proportionality should not be a ground of judicial review (1) if a claimant can assert no interest that ought to be protected by proportionality reasoning, or (2) if the weighing ought not to be done by a court. As ...
The Paper approaches the problematic related to the role played by the proportionality principle in ...
First published online: 09 June 2021This article compares the conceptions of proportionality in the ...
From the publisher: In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of ...
Is there a difference between proportionality review under the Human Rights Act and Wednesbury unrea...
Ever since the Wednesbury decision in 1947 UK courts and UK public law scholars have been struggling...
This is a response to an article written by Timothy Endicott, the principal thesis of which is that ...
The question whether Wednesbury should be “buried” or “consigned to the dustbin of history” and re...
There is a debate in certain common law jurisdictions as to whether proportionality should be accept...
At the most basic level, the principle of proportionality captures the common-sensical proposition t...
Ever since the Wednesbury decision in 1947 UK courts and UK public law scholars have been struggling...
Academic legal study is perforce temporally grounded. We most naturally consider the here and now. W...
Although the Supreme Court of Canada’s reasoning in Doré makes it difficult to categorize in terms o...
In many jurisdictions, the principle of proportionality is actually used by judges as basic standard...
Zanetti V. Proportionality and Compromises. Journal of Moral Philosophy. 2020;17(1):75-97.When indiv...
There is no such thing as “proportionality review” in American administrative law, but instead, a nu...
The Paper approaches the problematic related to the role played by the proportionality principle in ...
First published online: 09 June 2021This article compares the conceptions of proportionality in the ...
From the publisher: In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of ...
Is there a difference between proportionality review under the Human Rights Act and Wednesbury unrea...
Ever since the Wednesbury decision in 1947 UK courts and UK public law scholars have been struggling...
This is a response to an article written by Timothy Endicott, the principal thesis of which is that ...
The question whether Wednesbury should be “buried” or “consigned to the dustbin of history” and re...
There is a debate in certain common law jurisdictions as to whether proportionality should be accept...
At the most basic level, the principle of proportionality captures the common-sensical proposition t...
Ever since the Wednesbury decision in 1947 UK courts and UK public law scholars have been struggling...
Academic legal study is perforce temporally grounded. We most naturally consider the here and now. W...
Although the Supreme Court of Canada’s reasoning in Doré makes it difficult to categorize in terms o...
In many jurisdictions, the principle of proportionality is actually used by judges as basic standard...
Zanetti V. Proportionality and Compromises. Journal of Moral Philosophy. 2020;17(1):75-97.When indiv...
There is no such thing as “proportionality review” in American administrative law, but instead, a nu...
The Paper approaches the problematic related to the role played by the proportionality principle in ...
First published online: 09 June 2021This article compares the conceptions of proportionality in the ...
From the publisher: In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of ...