In Proportionality Principles in American Law, E. Thomas Sullivan and Richard S. Frase advance a general theory of proportionality for the American legal system. 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. The authors identify three basic ways that government measures and private remedies have been found to be disproportionate and use this framework to examine contemporary and potential uses of…mehr
In Proportionality Principles in American Law, E. Thomas Sullivan and Richard S. Frase advance a general theory of proportionality for the American legal system. 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. The authors identify three basic ways that government measures and private remedies have been found to be disproportionate and use this framework to examine contemporary and potential uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing their utility to guide judicial review of excessive government measures.
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.
Inhaltsangabe
* * Part I. Origins: From the Annals of History to the Twenty First Century * 1: Proportionality in International and Foreign Law * 2: Proportionality Principles in the Common Law of Damages * Part II. Proportionality in American Civil Jurisprudence * 3: Implicit Proportionality Principles in American Standards of Constitutional Review * 4: Explicit Proportionality Principles in Discrete Areas of American Jurisprudence * Part III. Proportionality in American Criminal Justice * 5: Procedure: Implicit Proportionality Limits on Police Powers and Defendant Rights * 6: Criminal Law: Implicit Proportionality Limitations on Criminal Liability * 7: Punishment: Explicit and Implicit Proportionality Limits on Sanction Severity * *
* * Part I. Origins: From the Annals of History to the Twenty First Century * 1: Proportionality in International and Foreign Law * 2: Proportionality Principles in the Common Law of Damages * Part II. Proportionality in American Civil Jurisprudence * 3: Implicit Proportionality Principles in American Standards of Constitutional Review * 4: Explicit Proportionality Principles in Discrete Areas of American Jurisprudence * Part III. Proportionality in American Criminal Justice * 5: Procedure: Implicit Proportionality Limits on Police Powers and Defendant Rights * 6: Criminal Law: Implicit Proportionality Limitations on Criminal Liability * 7: Punishment: Explicit and Implicit Proportionality Limits on Sanction Severity * *
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