Series: Hart Studies in Constitutional Theory

The Distorting Lens of Convergent Constitutional Theory challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, ‘othering’, and cultural specificity. Main pillars of ‘convergent constitutional theory’ are rooted in the revolutionary, late-eighteenth century – a lost world; constitutional arrangements that deviate from the...

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...