Bibliographic record
Abstract
This chapter charts how proportionality has developed into a global principle of constitutional law. The German Federal Constitutional Court constitutionalized the proportionality principle, which has roots in eighteenth-century political theory and nineteenth-century administrative law. From Germany, proportionality radiated outward, spreading through Europe with the aid of the courts from the European Union and the European Convention on Human Rights, and beyond Europe owing to its adoption by influential constitutional courts, including in Canada, Israel, and South Africa. PA has accompanied most successful transitions to rights-based constitutional democracy in the past three decades, including in Asia and Latin America. The empirical focus in this chapter is on (i) how courts have justified their turn to proportionality, (ii) how they subsequently deploy PA, and (iii) how these choices impact law and politics. Proportionality’s diffusion exhibits the basic features of what institutional sociologists call isomorphism, which is driven by mimetic, coercive, and normative mechanisms. Notwithstanding points of convergence, there are profound cross-national variation in how courts adopt and use proportionality. The chapter explains why this diversity is likely to persist.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.009 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.003 | 0.011 |
| Scholarly communication | 0.009 | 0.014 |
| Open science | 0.001 | 0.006 |
| Research integrity | 0.002 | 0.003 |
| Insufficient payload (model declined to judge) | 0.018 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".