Proportionality Principles in American Law by E. Thomas Sullivan
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Proportionality Principles in American Law
By E. Thomas Sullivan

Proportionality Principles in American Law

Controlling Excessive Government Actions

By (author) See other recent books by E. Thomas Sullivan See other recent books by Richard S. Frase
Format: Hardback

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Proportionality Principles in American Law by E. Thomas Sullivan

Book 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. The American legal system, despite frequent, though unacknowledged, use of proportionality principles, has not developed a general theory of proportionality. In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Surveying the longstanding use of proportionality principles as well as examples from foreign and international law, E. Thomas Sullivan and Richard Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this framework, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures. Seeking to categorize and harmonize a variety of judicial review standards and their underlying proportionality concepts, Proportionality Principles in American Law will help lawyers, judges, and legislators more consistently, and more effectively, apply proportionality principles and thus help American courts better serve their vital roles as guardians of individual rights and liberties.

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Book Details

ISBN: 9780195324938
ISBN-10: 0195324935
Format: Hardback
(243mm x 160mm x 20mm)
Pages: 296
Imprint: Oxford University Press Inc
Publisher: Oxford University Press Inc
Publish Date: 8-Jan-2009
Country of Publication: United States

Books By Author E. Thomas Sullivan

Arc of Due Process in American Constitutional Law by E. Thomas Sullivan Arc of Due Process in American Constitutional Law, Hardback (July 2013)

In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.

» View all books by E. Thomas Sullivan

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Author Biography - E. Thomas Sullivan

E. Thomas Sullivan is Senior Vice President and Provost, and Julius E. Davis Chair in Law at the University of Minnesota. Richard S. Frase is the Benjamin N. Berger Professor of Criminal Law at the University of Minnesota.

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