Proportionality & Comparative Constitutional Law versus Studies

  • 1 UNSW (Sydney), Kensington, Australia
  • 2 Harvard Law School, MA, Cambridge, USA
Rosalind Dixon

Abstract

The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this practice as part of a broader call for greater dialogue between scholars and practitioners of conceptual and more empirical forms of constitutional comparison.

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The Law & Ethics of Human Rights (LEHR) aspires to analyze and clarify the concepts of moral and legal rights, and to contribute to conflict resolution in human rights law. Each issue of LEHR focuses on one contemporary dilemma that raises major moral and legal questions. Each such dilemma is examined using an interdisciplinary approach to human rights law.

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