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Proportionality in comparative law

Bomhoff, Jacco (2022) Proportionality in comparative law. LSE Law, Society and Economy Working Papers, 3/2022. London School of Economics and Political Science, London, UK.

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Identification Number: 10.2139/ssrn.4063283

Abstract

orthcoming as an entry on ‘Proportionality’ in the Elgar Encyclopedia of Comparative Law (2nd edition), Jan Smits, Catherine Valcke, Jaakko Husa & Madalena Narciso, eds. Investigations of proportionality’s role in contemporary public law are complicated by the way the topic straddles so many binaries familiar within the discipline of comparative law. These include those of substance and form, discourse and practice, ‘function’ and ‘culture’, and – perhaps most importantly – similarity and difference. Comparative legal scholarship, this entry argues, will have to grapple with the contradictory tasks of simultaneously investigating and questioning proportionality’s (real or purported) hegemony. To this end, the paper presents brief overviews of work concerned with the (1) identification, (2) explanation, (3) interpretation, and (4) critique, of proportionality’s global diffusion and ‘success’.

Item Type: Monograph (Working Paper)
Official URL: https://www.lse.ac.uk/law/working-paper-series
Additional Information: © 2022 The Author
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 17 May 2022 11:39
Last Modified: 14 Jun 2022 08:48
URI: http://eprints.lse.ac.uk/id/eprint/115123

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