Faculty Publications: Prescribing a Healthy Portion of Proportionality
What is proportionality analysis and why is it good for us? In a jointly-written article published in the Emory Law Journal, Prof. Stone Sweet demonstrates why this widely-used method for balancing rights in foreign constitutional courts isn't as foreign an idea as it sounds. In fact, a home-grown version of proporionality analysis might be just the thing to cure some of the chronic pathologies created by our system of tiered review.
TORONTO L.J. 383, 389 (2007).