Local meanings of proportionality /
Afroditi Marketou, Aix-Marseille Universit�e.
- 1 online resource (viii, 414 pages) : digital, PDF file(s).
- Cambridge studies in constitutional law .
- Cambridge studies in constitutional law. .
Title from publisher's bibliographic system (viewed on 12 Jul 2021).
Proportionality as a cultural practice -- Proportionality in French public law -- Proportionality in English public law -- Proportionality in Greek public law -- Searching for a legal science -- Searching for an English public law -- Searching for 'a species of sympathetic magic' -- A common European culture of rights -- A common market -- Disintegration -- Conclusion.
This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.
9781108993364 (ebook)
Proportionality in law--Europe. Proportionality in law--Greece. Proportionality in law--France. Proportionality in law--Great Britain.