Title Local meanings of proportionality / Afroditi Marketou

Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021 ©2021

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Description 1 online resource (viii, 414 pages) Series Cambridge studies in constitutional law Cambridge studies in constitutional law. Contents 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 Summary "Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This book was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England, and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which proportionality evolves, local paths of cultural change and local patterns of Europeanisation"-- Provided by publisher Notes Based on author's thesis (doctoral - European University Institute, 2018) issued under title: Local meanings of proportionality : judicial review in France, England and Greece Bibliography Includes bibliographical references and index Notes Description based on online resource; title from digital title page (viewed on August 25, 2021) Subject Proportionality in law -- Europe Proportionality in law -- Great Britain Proportionality in law -- France Proportionality in law -- Greece Proportionality in law Europe France Great Britain Greece Form Electronic book LC no. 2020058394 ISBN 9781108999311 110899931X 9781108993364 1108993362

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