Proportionality Principles in American Law: Controlling Excessive Government Actions

In Proportionality Principles in American Law, two renowned legal scholars argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure that limits or threatens individual rights should undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures.
By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better perform their vital roles as guardians of individual rights and liberties.
E. Thomas Sullivan is Senior Vice President and Provost of the University of Minnesota and Julius E. Davis Chair in Law.

Richard S. Frase is the Benjamin N. Berger Professor of Criminal Law at the University of Minnesota.