Library Header Image
LSE Research Online LSE Library Services

U.S. constitutional law, proportionality, and the global model

Moller, Kai (2016) U.S. constitutional law, proportionality, and the global model. LSE Law, Society and Economy Working Papers (06/2016). Department of Law, London School of Economics and Political Science, London, UK.

PDF - Published Version
Download (280kB) | Preview


Following the global success of the principle of proportionality in human and constitutional rights adjudication, there is now an emerging debate among academics and judges in the United States as to whether proportionality ought to be introduced into U.S. constitutional law. My goal in this paper is to correct what I see as a misleading simplification in this discussion, namely the view that the United States could introduce proportionality while leaving the other features and characteristics of its constitutional rights jurisprudence intact. I argue that if proportionality is adopted, coherence requires that the other features of what in previous work I have labelled “the global model of constitutional rights” be embraced as well: rights inflation, positive obligations, socio-economic rights, and horizontal effect. Thus, proportionality is not just an isolated standard of review but part and parcel of a conception of rights that must be adopted or rejected as a whole.

Item Type: Monograph (Working Paper)
Official URL:
Additional Information: © 2016 The Author
Divisions: Law
Subjects: H Social Sciences > HN Social history and conditions. Social problems. Social reform
K Law > K Law (General)
Date Deposited: 20 May 2016 14:00
Last Modified: 16 May 2024 12:09

Actions (login required)

View Item View Item


Downloads per month over past year

View more statistics