eBook - PDF
Balancing Constitutional Rights
The Origins and Meanings of Postwar Legal Discourse
- 290 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
About this book
The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.
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Information
Table of contents
- Cover
- Balancing Constitutional Rights
- Series
- Title
- Copyright
- Epigraph
- Contents
- Acknowledgements
- Introduction
- 1 Questioning a global age of balancing
- 2 Balancing’s beginnings:
- 3 A perfect constitutional order:
- 4 A dangerous doctrine:
- 5 Two paradigms of balancing
- Conclusion
- Bibliography
- Index
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Yes, you can access Balancing Constitutional Rights by Jacco Bomhoff in PDF and/or ePUB format, as well as other popular books in Law & Public Law. We have over 1.5 million books available in our catalogue for you to explore.