Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse

by Jacco Bomhoff

Overview

The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.

Product Details

ISBN-13:	9781107703315
Publisher:	Cambridge University Press
Publication date:	12/19/2013
Series:	Cambridge Studies in Constitutional Law , #10
Sold by:	Barnes & Noble
Format:	eBook
File size:	559 KB

About the Author

Jacco Bomhoff is Associate Professor of Law at the London School of Economics and Political Science.

Table of Contents

Introduction; 1. Questioning a 'global age of balancing'; 2. Balancing's beginnings: concepts and interests; 3. 'A perfect constitutional order'; 4. 'A dangerous doctrine'; 5. Two paradigms of balancing; Conclusion.