00000nam 2200000 4500 INLIS000000000011070 20241223063006 0010-1224000005 ta 241223################|##########|#|## 9781139134996 342.001 342.001 MOS p Moshe Cohen-Eliya and Iddo Porat Proportionality and constitutional culture / Moshe Cohen-Eliya and Iddo Porat Cambridge, United Kingdom : Cambridge University Press, 2013 xii, 168 pages ; 24 cm. <a href="https://www.cambridge.org/core/books/proportionality-and-constitutional-culture/18C4EC5CB1437BE9059277922ADD0EF7">e-book</a> Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect. Constitutional law. Proportionality in law.