Proportionality principles in American law
Subtitle: controlling excessive government actions
By: E. Thomas Sullivan & Richard S. Frase.
Contributors: Frase, Richard S.
Publisher: Oxford University Press
Published: 2008
Place of publication: New York
Language: eng
Number of pages: 284
ISBN-13: 9780195324938
Subjects: Proportionality in law
Description: 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.
Notes: Includes bibliographical references and index.
Table of contents: title: Proportionality in international and foreign law; title: Proportionality principles in the common law of damages; title: Implicit proportionality principles in American standards of constitutional review; title: Explicit proportionality principles in discrete areas of American jurisprudence; title: Procedure : implicit proportionality limits on police powers and defendant rights; title: Criminal law : implicit proportionality limitations on criminal liability; title: Punishment : explicit and implicit proportionality limits on sanction severity.