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1 results

  • 1 - Proportionality as a Cultural Practice

  • Afroditi Marketou, Université du Luxembourg
  • Book:
    Local Meanings of Proportionality
    Published online:
    08 July 2021
    Print publication:
    22 July 2021, pp 1-36

  • Summary

    This chapter situates the study within the literature on proportionality and comparative law. Contrary to the dominant universalising rhetoric, I propose to take the differences in the application of proportionality seriously. To do so, I develop a comparative law approach that places these differences within a broader legal cultural context in which they make sense. At the same time, the approach proposed here does not deny the possibility for cross-system influence and convergence, especially in the context of European integration. The comparison of the local meanings of proportionality, I argue, gives valuable information about the legal culture in which proportionality operates and about the mindset of the lawyers who use it.