Proportionality Principles in American Law
Format: Hardcover
ISBN13: 9780195324938
Hardcover|9780195324938
✨ Featured Offer
Brand New
$50.83
List Price: $69.00
🚚
See all 5 offers from $28.64 FREE standard delivery by: 31 Mar 2026
Overview
From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that governmentand private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality principles, there is no general theory of what permits courts to invalidate intrusive measures.In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rightsshould undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means ofachieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing theutility of proportionality principles to guide judicial review of excessive government measures.By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better serve their vital roles as guardians of individual rights andliberties.
| ISBN-13 | 9780195324938 |
|---|---|
| ISBN-10 | 0195324935 |
| Weight | 1.20 Pounds |
| Dimensions | 9.39 x 0.85 x 6.71 In |
| List Price | $69.00 |
| Edition | 1st Edition |
| Format | Hardcover |
|---|---|
| Language | English |
| Pages | 296 pages |
| Publisher | Oxford University Press |
| Published On | 2008-12-05 |
View All Offers
Sort by:
Price
Condition
Seller
Seller Comments
Price
Used, Very Good
Seller details
Dorley House Books
Hagerstown, MD, USA
1st Printing. 8vo. pp. 296. dj in mylar; black c w/ gilt spine titles; 296 clean, unmarked pages/ind...
Free delivery by: 31 Mar 2026
✨ Brand New
Seller details
discount_scientific_books
Sterling Heights, MI, USA
New, US edition. Satisfaction guaranteed! !
Free delivery by: 31 Mar 2026
Used, Like New
Seller details
GreatBookPrices-
Columbia, MD, USA
100% Money Back Guarantee. Brand New, Perfect Condition. We offer expedited shipping to all US locat...
Free delivery by: 31 Mar 2026
Brand New
Seller details
GreatBookPrices-
Columbia, MD, USA
100% Money Back Guarantee. Brand New, Perfect Condition. We offer expedited shipping to all US locat...
Free delivery by: 31 Mar 2026
Brand New
Seller details
Paperbackshop
Bensenville, IL, USA
New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot of...
Free delivery by: 31 Mar 2026