Librería Portfolio

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.

Includes systemic-in-depth analyses of the application of proportionality in six jurisdictions, each based on a comprehensive sample of cases
Relies on a mixed methodological approach, providing comparable, quantitative measures that are contextualized and nuanced by qualitative insights
Analyses are contextualized by constitutional scholars from each of the relevant jurisdictions



Table of Contents

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 Sledzinska-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.