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).
TORONTO L.J. 383, 389 (2007).
