Proportionality in Action
Comparative and Empirical Perspectives on the Judicial Practice

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Mordechai Kremnitzer (Edited by), Talya Steiner (Edited by), Andrej Lang (Edited by)

9781108740166, Cambridge University Press

Paperback / softback, published 11 August 2022

688 pages, 36 b/w illus. 2 tables
22.8 x 15 x 3.4 cm, 0.99 kg

'Originally developed by the German Constitutional Court, proportionality as a tool to examine limitations or infringements of fundamental rights is today discussed worldwide and practiced in more and more countries, albeit in different ways. The comparison of six leading jurisdictions makes this book a foremost source of information on the proportionality principle and a valuable guide for its practical use.' Dieter Grimm, Professor of Law, Humboldt University Berlin and Former Justice of the German Constitutional Court

Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.

Introduction. Analyzing proportionality comparatively and empirically Talya Steiner, Andrej Lang and Mordechai Kremnitzer
1. Proportionality analysis by the German Federal Constitutional Court Andrej Lang
2. Proportionality analysis by the Canadian Supreme Court Lorian Hardcastle
3. Proportionality analysis by the South African Constitutional Court Richard Stacey
4. Proportionality analysis by the Israeli Supreme Court Talya Steiner
5. Proportionality analysis by the Polish Constitutional Tribunal Anna ?ledzi?ska-Simon
6. Proportionality analysis by the Indian Supreme Court Aparna Chandra
7. Comparative and empirical insights into judicial practice: towards an integrative model of proportionality Talya Steiner, Andrej Lang and Mordechai Kremnitzer
Index.

Subject Areas: Constitutional & administrative law [LND], Public international law [LBB], Jurisprudence & philosophy of law [LAB], Comparative politics [JPB]