Journals Higher Education

$35.00

Hardcover

05 December 2008

296 Pages

6-1/8 x 9-1/4 inches

ISBN: 9780195324938


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Proportionality Principles in American Law

Controlling Excessive Government Actions

E. Thomas Sullivan and Richard S. Frase

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.

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