Faculty Publications: Prescribing a Healthy Portion of Proportionality

September 15, 2011

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. 

Further Reading

See Alec Stone Sweet & Jud Mathews, Proportionality Balancing and Global Constitutionalism, 47 COLUM. J. TRANSNAT’L L. 72 (2008).

Dieter Grimm, Proportionality in Canadian and German Constitutional Jurisprudence, 57 U.
TORONTO L.J. 383, 389 (2007).
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