Full Description
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.
Contents
1. Proportionality as a cultural practice; Part I: Questioning the success of proportionality; 2. Proportionality in French public law; 3. Proportionality in English public law; 4. Proportionality in Greek public law; Part II: Great expectations; 5. Searching for a legal science; 6. Searching for an English public law; 7. Searching for 'a species of sympathetic magic'; Part III: European integrations; 8. A common European culture of rights; 9. A common market; 10. Disintegration.
