The Constitutional Structure of Proportionality¶
Klatt, M., & Meister, M. (2012). The Constitutional Structure of Proportionality. Oxford University Press.
Cited by¶
2 citations across 1 artifact.
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Primes¶
- Proportionality
- By the late 20 century, proportionality became a centerpiece of administrative-law doctrine, constraining regulatory agencies to tailor cost-benefit ratios to genuine public harms, a structural shift Klatt and Meister (2012) document in their analysis of proportionality as the constitutional structure governing rights-based review across legal regimes.
This sourceAnalyzes proportionality as the structural framework of rights-based review across legal regimes, including its 20th-century consolidation in administrative law and extension to novel digital contexts.
- Necessity analysis is demanding and often underperformed, an institutional weakness Klatt and Meister (2012) attribute to courts' tendency to collapse necessity into deferential suitability review.
This sourceDiagnoses the institutional weakness whereby courts collapse necessity into deferential suitability review, leaving the least-restrictive-means inquiry underperformed.
- By the late 20 century, proportionality became a centerpiece of administrative-law doctrine, constraining regulatory agencies to tailor cost-benefit ratios to genuine public harms, a structural shift Klatt and Meister (2012) document in their analysis of proportionality as the constitutional structure governing rights-based review across legal regimes.
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