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Conclusion of Part II

from Part II - Great Expectations

Published online by Cambridge University Press:  08 July 2021

Afroditi Marketou
Affiliation:
Université du Luxembourg
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Summary

The Expressive Function of Proportionality. The study of difference in the use of proportionality unveils certain core characteristics of the legal cultures that embrace it. As proportionality spreads in different jurisdictions its meaning changes to adapt to local criteria for evaluating legal arguments and to local actors’ expectations of its use. It assumes a function that is sometimes very different from the one it has in the global model or in German constitutionalism. Proportionality becomes a French legal theory claiming scientific exactness, a tool for the construction of an English public law or a transplant for the Europeanisation of the Greek polity. The different meanings of proportionality in different contexts make sense, at least in part, of differences in its form and evolution observed in Part I. Indeed, even though German and European influence is present in the conceptual development of proportionality in all contexts, it is not decisive for the content that proportionality will assume each time. In spite of using elements of a transnational idiom, local actors serve their own goals, which are conceived of and set within a particular culture. Hence, proportionality, precisely due to its transnational character, acquires an expressive function. The way its meaning, form and function vary across jurisdictions despite the commonality of the terminology used, reveals the peculiar logic of local legal discourses. It reveals local ways of thinking, taboos and myths, expectations and ambitions. It also reveals local patterns of legal change.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Conclusion of Part II
  • Afroditi Marketou, Université du Luxembourg
  • Book: Local Meanings of Proportionality
  • Online publication: 08 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108993364.015
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  • Conclusion of Part II
  • Afroditi Marketou, Université du Luxembourg
  • Book: Local Meanings of Proportionality
  • Online publication: 08 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108993364.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion of Part II
  • Afroditi Marketou, Université du Luxembourg
  • Book: Local Meanings of Proportionality
  • Online publication: 08 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108993364.015
Available formats
×