This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.

A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.

The book examines the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.

A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.