Local Meanings of Proportionality

Abstract

The belief that proportionality is a useful framework for decision-makers more generally is recurrent among proportionality scholars; for another example, Jackson (2017). On the actual use of proportionality by constitutional-political actors, see Michelman (2017), p. 13. the success of proportionality the success of proportionality a lingua franca?

Proportionality in Comparative Law

“…On the other side are scholars who question whether 'the same test [is] being applied around the world' (Kenny [2018] at 539), or at different times in the same jurisdiction (Petersen [2017], Jestaedt and Lepsius [2015]). Most recently, this view has been elaborated by Afroditi Marketou in her subtle investigation of 'local meanings of proportionality' in French, Greek, and English law (Marketou [2021]. See also Hailbronner [2015], Bomhoff [2013]).…”