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BL
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| Record Number
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873990
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| Main Entry
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Stone Sweet, Alec
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| Title & Author
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Proportionality balancing and constitutional governance : : a comparative and global approach /\ Alec Stone Sweet and Jud Mathews.
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| Edition Statement
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First edition.
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| Publication Statement
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Oxford :: Oxford University Press,, 2019.
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, ©2019
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| Page. NO
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1 online resource
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| ISBN
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0191876917
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: 0192578367
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: 9780191876912
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: 9780192578365
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9780198841395
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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Cover; Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach; Copyright; Acknowledgments; Contents; 1: Constitutions, Rights, and Judicial Power; I CONCEPTSANDMODELS; Constitutions and Constitutionalism; Systems of Constitutional Justice; Rights and Review; Diffusion; II CONTRACTING AND DELEGATION; Contracting and Delegation; Agents and Trustees; Trusteeship and Effectiveness; III CONSTITUTIONAL CHANGE; Adjudication; Amendment; Legislation; OVERVIEW OF THE BOOK; 2: Proportionality and Constitutional Governance
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4: All Things in Proportion? The United StatesI ROOTS OF PROPORTIONALITY IN THE UNITED STATES; The Dormant Commerce Clause; Strict Scrutiny; Assessment; II PATHOLOGIES OF TIERED REVIEW; Abdication; Incompleteness; Instability; III BRINGING PROPORTIONALITY BACK IN; Qualifying Rights; The Scope of Rights; Objections; CONCLUSION; 5: Constitutional Dialogues; I THE LEGISLATURE; Determinants; Coordinate Construction; Trusteeship and the Zone of Proportionality; II THE ADMINISTRATION; Starting Points; Compartmentalizing Proportionality; Competition, Cooperation, Convergence
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I RIGHTS, JUSTIFICATION, CONSTITUTIONAL LEGALITYQualified Rights; Step-by-Step; Balancing; II STRATEGIC CONSIDERATIONS; Two-Against-One; Lawmaking and Supremacy; Benefits; III CONSTITUTIONAL GOVERNANCE; Charters as Blueprints; The Right to Just Governance; Alternatives; CONCLUSION; 3: Emergence and Diffusion; I THE GERMAN GENEALOGY; From Theory to Law; Constitutionalization and Judicialization; Migrations; II THE DEATH OF PARLIAMENTARY SOVEREIGNTY; Canada; Israel; South Africa; III PROPORTIONALITY'S EMPIRE; Expansion; Diversity; Frontiers; CONCLUSION
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III THE JUDICIARY AND THE PRIVATE LAWConstitutionalizing the Private Law; Rights in the Balance; Building Horizontal Effectiveness; CONCLUSION; 6: Global Constitutionalism and Transnational Governance; I TREATY REGIMES AND TRUSTEE COURTS; Trusteeship and Lawmaking; International Courts and Proportionality; Effectiveness; II PROPORTIONALITY AND TRANSNATIONAL GOVERNANCE; The European Convention on Human Rights; The Inter-American Convention on Human Rights; The African Conventions; III THE STRUCTURE OF GLOBAL CONSTITUTIONALISM; Charters of Rights; Constitutional Pluralism
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Proportionality and EffectivenessCONCLUSION; Table of Cases; References; Index
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| Abstract
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The book examines the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.
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| Subject
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Human rights-- Political aspects.
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Human rights.
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Human rights-- Political aspects.
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Human rights.
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POLITICAL SCIENCE-- Political Freedom Security-- Civil Rights.
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POLITICAL SCIENCE-- Political Freedom Security-- Human Rights.
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| Dewey Classification
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323
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| LC Classification
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JC571.S76 2019
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| Added Entry
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Mathews, Jud
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