1. Questioning a global age of balancing -- 2. Balancing's beginnings: concepts and interests -- 3. A perfect constitutional order: balancing in German constitutional jurisprudence of the 1950s and 1960s -- 4. A dangerous doctrine: balancing in US constitutional jurisprudence of the 1950s and 1960s -- 5. Two paradigms of balancing
Summary
A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law