Proportionality, Judicial Review, and Global Constitutionalism

Alec Stone Sweet, Jud Mathews

Research output: Chapter in Book/Report/Conference proceedingChapter

5 Scopus citations

Abstract

Over the past fifty years, proportionality analysis (PA) has widely diffused. It is today an overarching principle of constitutional adjudication, the preferred procedure for managing disputes involving an alleged conflict between two rights claims, or between a rights provision and a legitimate state or public interest. With the consolidation of the “new constitutionalism,”1 this type of dispute has come to dominate the dockets of constitutional and supreme courts around the world. Although other modes of rights adjudication were available and could have been chosen and developed, PA emerged as a multi-purpose, best-practice, standard.

Original languageEnglish (US)
Title of host publicationLaw and Philosophy Library
PublisherSpringer Science and Business Media B.V.
Pages171-214
Number of pages44
DOIs
StatePublished - 2009

Publication series

NameLaw and Philosophy Library
Volume86
ISSN (Print)1572-4395
ISSN (Electronic)2215-0315

All Science Journal Classification (ASJC) codes

  • Philosophy
  • Law

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