proportionality principles in american law controlling excessive government actions

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Proportionality Principles In American Law

Author : E. Thomas Sullivan
ISBN : 9780195324938
Genre : Law
File Size : 75. 54 MB
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From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.

The Arc Of Due Process In American Constitutional Law

Author : E. Thomas Sullivan
ISBN : 9780199990818
Genre : Law
File Size : 85. 4 MB
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Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

Law Inequality

Author :
ISBN : UCR:31210024299032
Genre : Equality
File Size : 47. 29 MB
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Books In Print 2009 2010

Author :
ISBN : 0835250210
Genre : Publishers' catalogs
File Size : 45. 56 MB
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The Guide To American Law Supplement

Author : West Publishing Company
ISBN : 031403580X
Genre : Law
File Size : 77. 97 MB
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U S Army Counterinsurgency Handbook

Author : United States. Dept. of the Army
ISBN : 9781602391727
File Size : 65. 57 MB
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The US Armys official playbook for deception on the worlds deadliest stage

The Principle Of Proportionality

Author : Peter Hulsroj
ISBN : 9789400757752
Genre : Law
File Size : 37. 40 MB
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The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.

The Law Of International Responsibility

Author : James Crawford
ISBN : 9780199296972
Genre : Law
File Size : 41. 87 MB
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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

The Ultimate Rule Of Law

Author : David M. Beatty
ISBN : 0199269807
Genre : Law
File Size : 30. 25 MB
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The Ultimate Rule of Law examines judgments of leading courts around the world on issues such as religious freedom, sex discrimination, and social and economic rights. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. Beatty's analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.Readership: Scholars, practitioners, and students.

Restatement Of The Law Third

Author : American Law Institute
ISBN : 0314301380
Genre : Law
File Size : 70. 50 MB
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