The Ultimate Rule of Law¶
Beatty, D. M. (2004). The Ultimate Rule of Law. Oxford University Press.
Cited by¶
2 citations across 1 artifact.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Proportionality
- Proportionality emerged in Germanic and Scandinavian legal traditions during the medieval period, where compensation systems scaled punishment to injury severity, a comparative-constitutional account elaborated by Beatty (2004) in The Ultimate Rule of Law.
This sourceComparative-constitutional argument that proportionality is the universal grammar of rights adjudication; traces historical antecedents in Germanic compensation systems and Enlightenment constitutionalism.
- Causal theory becomes contentious in novel contexts, as Beatty (2004) illustrates through comparative cases where empirical uncertainty about causal mechanism either expands or contracts the proportionality envelope.
This sourceComparative cases (counterterrorism, public health, content regulation) illustrating how empirical uncertainty about causal mechanism either expands or contracts the proportionality envelope.
- Proportionality emerged in Germanic and Scandinavian legal traditions during the medieval period, where compensation systems scaled punishment to injury severity, a comparative-constitutional account elaborated by Beatty (2004) in The Ultimate Rule of Law.
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