Read e-book online Balancing Constitutional Rights: The Origins and Meanings of PDF

By Jacco Bomhoff

ISBN-10: 1107044413

ISBN-13: 9781107044418

ISBN-10: 1107622484

ISBN-13: 9781107622487

The language of balancing is pervasive in constitutional rights jurisprudence worldwide. during this publication, Jacco Bomhoff deals a comparative and historic account of the origins and meanings of this talismanic type of language, and of the criminal discourse to which it really is crucial. modern dialogue has tended to determine the expanding use of balancing because the manifestation of a globalization of constitutional legislation. This e-book is the 1st to argue that 'balancing' has continuously intended considerably various things in numerous settings. Bomhoff makes use of particular case stories of early post-war US and German constitutional jurisprudence to teach that an identical specified language expresses either biting scepticism and profound religion in legislation and adjudication, and either deep pessimism and excessive aspirations for constitutional rights. An knowing of those substantially diverse meanings is vital for any assessment of the paintings of constitutional courts today.

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Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse (Cambridge Studies in Constitutional Law) by Jacco Bomhoff

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