The principle of proportionality in the laws of Europe

Abstract:

This book of essays contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights.

Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention.

Table of Contents:

+ CH 1: Recent developments in the principle of proportionality in European Community Law
Francis G. Jacobs

+ CH 2: Proportionality and the European Convention on Human Rights
Jeremy McBride

+ CH 3: The effect of proportionality on the actions of member states of the European Community: National viewpoints from continental Europe
Walter van Gerven

+ CH 4: Proportionality in the European Community Law: Searching for the appropriate standard of scrutiny
Takis Tridimas

+ CH 5: Unreasonbleness and proportionality in UK Law
Paul Craig

+ CH 6: The influence of the European principle of proportionality upon UK Law
The Rt. Hon. Lord Hoffmann

+ CH 7: Proportionality and the Human Rights Act 1998
David Feldman

+ CH 8: Proportionality and the supremacy of Parliament in the UK
Nicholas Green

+ CH 9: The concept of proportionality in European Community Sex Discrimination Law
Evelyn Ellis