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July 6 @ 07:00 - 08:30 UTCJuly 6 @ 03:00 - 04:30 New YorkJuly 6 @ 02:00 - 03:30 BogotáJuly 6 @ 15:00 - 16:30 SingaporeJuly 6 @ 17:00 - 18:30 SydneyJuly 6 @ 09:00 - 10:30 Rome

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Comparative and empirical approaches to proportionality

Proportionality is widely accepted as one of the most important constitutional principles of our time, but despite the vast normative literature on the doctrine, we know relatively little about how proportionality is actually applied in judicial practice across jurisdictions. Against this background, the Panel primarily invites empirically grounded and comparatively oriented papers on proportionality to infuse the global debate on the doctrine with a fresh, evidence-based prism through which its application by courts throughout the democratic world can be re-evaluated and debated. Central questions for the Panel are how courts conduct the relationship between the different stages of proportionality analysis, to what extent the theory and the practice of proportionality correlate, how courts apply proportionality in the context of growing populism and democratic backsliding, and how proportionality as a decision-making framework frames the decision-making of judicial actors.

Chair(s): Andrej Lang / Niels Petersen / Mota Kremnitzer