CONTENTS

Acknowledgements page viii

Introduction 1

1 Questioning a global age of balancing 10

2 Balancing's beginnings: concepts and interests 31

3 A perfect constitutional order: balancing in

German constitutional jurisprudence of the 1950s and 1960s 72

4 A dangerous doctrine: balancing in US

constitutional jurisprudence of the 1950s and 1960s 122

5 Two paradigms of balancing 190

Conclusion 235

Bibliography 244

Index 273