Book contents
- Local Meanings of Proportionality
- Cambridge Studies in Constitutional Law
- Local Meanings of Proportionality
- Copyright page
- Contents
- Acknowledgements
- 1 Proportionality as a Cultural Practice
- Part I Questioning the Success of Proportionality
- 2 Proportionality in French Public Law: Plus Ça Change, Plus C’est la Même Chose
- 3 Proportionality in English Public Law: Continuity and Change
- 4 Proportionality in Greek Public Law:
- Conclusion of Part I
- Part II Great Expectations
- Part III European Integrations
- Conclusion
- Bibliography
- Index
4 - Proportionality in Greek Public Law:
η θριαμβευτική πορεία1
from Part I - Questioning the Success of Proportionality
Published online by Cambridge University Press: 08 July 2021
- Local Meanings of Proportionality
- Cambridge Studies in Constitutional Law
- Local Meanings of Proportionality
- Copyright page
- Contents
- Acknowledgements
- 1 Proportionality as a Cultural Practice
- Part I Questioning the Success of Proportionality
- 2 Proportionality in French Public Law: Plus Ça Change, Plus C’est la Même Chose
- 3 Proportionality in English Public Law: Continuity and Change
- 4 Proportionality in Greek Public Law:
- Conclusion of Part I
- Part II Great Expectations
- Part III European Integrations
- Conclusion
- Bibliography
- Index
Summary
This chapter traces the spread and evolution of proportionality in Greek public law. Contrary to English and French public law, proportionality met no major resistance in Greece. It emerged in this context during the 1970s and has been applied as a constitutional principle by courts for more than forty years. Greece is one of the rare legal systems where, since 2001, proportionality explicitly enjoys constitutional status. However, a survey of judicial practice nuances this image of success. Soon after the recognition of the constitutional status of proportionality, its application was limited to a manifest error test. Until the late 1990s, proportionality’s application in judicial review was particularly formal. Its function was more important in substantive case law, where it had a content close to equity. Since its constitutional entrenchment, proportionality is a hegemonic method of reasoning in Greek law. However, consensus as to its content has not led to its consistent application in case law.
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- Information
- Local Meanings of Proportionality , pp. 105 - 131Publisher: Cambridge University PressPrint publication year: 2021