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By Jacco Bomhoff

The language of balancing is pervasive in constitutional rights jurisprudence worldwide. during this publication, Jacco Bomhoff deals a comparative and old account of the origins and meanings of this talismanic kind of language, and of the felony discourse to which it truly is important. modern dialogue has tended to determine the expanding use of balancing because the manifestation of a globalization of constitutional legislation. This ebook is the 1st to argue that 'balancing' has constantly intended significantly various things in numerous settings. Bomhoff makes use of special case experiences of early post-war US and German constitutional jurisprudence to teach that an identical targeted language expresses either biting scepticism and profound religion in legislations and adjudication, and either deep pessimism and excessive aspirations for constitutional rights. An realizing of those extensively varied meanings is key for any review of the paintings of constitutional courts today.

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Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse (Cambridge Studies in Constitutional Law) by Jacco Bomhoff


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