Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Proportionality and Facts in Constitutional Adjudication


ISBN13: 9781509936984
Published: January 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509955497



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Also available as

This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation.

The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada and South Africa is used to contextualise the approach of the Australian High Court and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages.

The book has three broad aims:

  • First, it considers the role of facts within proportionality reasoning
  • Second, it offers procedural insights into fact-finding in constitutional litigation
  • Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of a structured test of proportionality

These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , Australia
Contents:
Foreword
Acknowledgements
Table of Cases
Table of Legislation
1. Introduction
I. Proportionality and Facts
II. Aim and Scope of this Book
III. Methodology and Comparative Context
IV. Structure of the Book
2. The Fact-Dependent Nature of Proportionality
I. Proportionality: A Structured Approach
II. The Nature of Proportionality Reasoning
III. Conclusion: Proportionality and Facts
3. Understanding Facts
I. What are Facts?
II. Classifying Facts
III. Facts and Proportionality
IV. Conclusion
4. Proportionality Compared
I. Proportionality Compared
II. Recognising Facts?
III. Finding Facts?
IV. Conclusion
5. Proportionality in Australian Constitutional Law
I. The Australian Adoption of Proportionality
II. The Development of Proportionality
III. Evaluating Proportionality
IV. Conclusion
6. The Factual Basis of Proportionality in Australia
I. Recognising Facts
II. Facts and the Framing of Constitutional Tests
III. The Correlation Between Proportionality and Facts?
IV. Conclusion
7. Procedural Implications
I. The High Court's Existing Approach: Limitations and Unresolved Issues
II. Recognising Facts: Implications for Procedure
III. Changing Facts and the Problem of Precedent
IV. Conclusion
8. Conclusion: Why Facts Matter
Bibliography
Index

Series: Hart Studies in Constitutional Law

Lobbying, Democracy and Public Trust ISBN 9781509955886
To be published April 2027
Hart Publishing
£42.99
Making and Amending the Constitution ISBN 9781782258278
To be published March 2026
Hart Publishing
£65.00
The Elusive Right to Privacy: Privacy Theory and Article 8 of the ECHR ISBN 9781849463393
To be published May 2025
Hart Publishing
£65.00
Nationhood, Executive Power and the Australian Constitution ISBN 9781509942367
Published February 2024
Hart Publishing
£42.99
The New Labour Constitution: Twenty Years On ISBN 9781509957255
Published September 2023
Hart Publishing
£44.99
Parliament and the Law 3rd ed (eBook) ISBN 9781509934102
Published September 2022
Hart Publishing
£40.49
(ePub)
Buy
Parliament and the Law 3rd ed ISBN 9781509934096
Published September 2022
Hart Publishing
£95.00
Nationhood, Executive Power and the Australian Constitution (eBook) ISBN 9781509942336
Published September 2022
Hart Publishing
£38.69
(ePub)
Buy
Nationhood, Executive Power and the Australian Constitution ISBN 9781509942329
Published September 2022
Hart Publishing
£90.00
The New Labour Constitution: Twenty Years On ISBN 9781509924646
Published March 2022
Hart Publishing
£95.00
The New Labour Constitution: Twenty Years On (eBook) ISBN 9781509924653
Published March 2022
Hart Publishing
£40.49
(ePub)
Buy
Proportionality and Facts in Constitutional Adjudication (eBook) ISBN 9781509936991
Published January 2022
Hart Publishing
£38.69
(ePub)
Buy
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509945344
Published October 2020
Hart Publishing
£36.99
Parliament and the Law 2nd ed ISBN 9781509939633
Published June 2020
Hart Publishing
Out of print
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509937523
Published April 2020
Hart Publishing
£44.99
£33.29
(ePub)
Buy
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509905805
Published March 2019
Hart Publishing
£85.00
The Codes of the Constitution (eBook) ISBN 9781509904105
Published January 2019
Hart Publishing
£31.49
(ePub)
Buy
The Codes of the Constitution ISBN 9781509926817
Published January 2019
Hart Publishing
£34.99
Parliament: Legislation and Accountability ISBN 9781509925414
Published November 2018
Hart Publishing
£33.99
Parliaments and Human Rights ISBN 9781849461382
Published June 2018
Hart Publishing
Publication Abandoned
Parliament and the Law 2nd ed (eBook) ISBN 9781509908721
Published February 2018
Hart Publishing
Out of print
Parliament and the Law 2nd ed ISBN 9781509908714
Published February 2018
Hart Publishing
Out of print
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May (eBook)
Edited by: Paul Evans
ISBN 9781509900213
Published December 2017
Hart Publishing
£40.49
(ePub)
Buy
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509900206
Published December 2017
Hart Publishing
£120.00
The Codes of the Constitution ISBN 9781849466813
Published September 2016
Special offer (limited stock)
£90.00
Parliament: Legislation and Accountability (eBook) ISBN 9781509906444
Published June 2016
Hart Publishing
£30.59
(ePub)
Buy
Parliament: Legislation and Accountability ISBN 9781849467162
Published June 2016
Hart Publishing
£80.00
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849469906
Published November 2015
Hart Publishing
£31.99
£30.59
(ePub)
Buy
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849466608
Published August 2014
Hart Publishing
£27.99
Law in Politics, Politics in Law (eBook)
Edited by: David Feldman
ISBN 9781782252832
Published December 2013
Hart Publishing
£28.79
(ePub)
Buy
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849464734
Published December 2013
Hart Publishing
£80.00
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849462891
Published October 2012
Hart Publishing
£70.00
The House of Lords 1911-2011: A Century of Non-Reform (eBook) ISBN 9781782250494
Published October 2012
Hart Publishing
£25.19
(ePub)
Buy