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  1. Home
  2. Books
  3. Balancing Constitutional Rights
  • Cited by 35
  • Jacco Bomhoff, London School of Economics and Political Science
Publisher:
Cambridge University Press
Online publication date:
December 2013
Print publication year:
2013
Online ISBN:
9781107360280
DOI:
https://doi.org/10.1017/CBO9781107360280
Subjects:
Constitutional and Administrative Law, Law, Comparative Law, Jurisprudence
Series:
Cambridge Studies in Constitutional Law (10)
Information

Book description

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.

Awards

Second place (joint), 2015 Peter Birks Prize for Outstanding Scholarship, Society of Legal Scholars

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