The Constitutional Structure of Proportionality

Hardcover | August 19, 2012

byMatthias Klatt, Moritz Meister

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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 thetriumphant 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 thecurrent 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 infavour of proportionality and demonstrates its relevance for deciding concrete cases.

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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 thetriumphant success of proportionality and the severi...

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 R...

other books by Matthias Klatt

Format:HardcoverDimensions:250 pages, 9.21 × 6.14 × 0.01 inPublished:August 19, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199662460

ISBN - 13:9780199662463

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Table of Contents

Introduction1. The Structure of the Proportionality Test2. Rights, Interests, and Trumps3. The Method of Balancing4. Discretion and Deference5. Positive Rights and Proportionality Analysis6. Epistemic Reliabilities in Proportionality Analysis7. Case Analysis: Otto-Preminger-Institut v Austria8. Results