Faculty Bibliography

This chapter examines Margaret H. Marshall, the first female Chief Justice of the Supreme Judicial Court of Massachusetts. Best known for her Court's ground-breaking 2003 decision in Goodridge v Department of Public Health, upholding the right under the Massachusetts State Constitution for same-sex couples to marry, Marshall's work brought together deep principles—of equal human dignity and judicial independence—with a well-honed sense of prudence. To her adjudicatory role she brought fine legal craft. In stewarding the state courts, she brought forward-looking leadership skills as well as a commitment to improving the entire justice system. Her commitments to constitutional democracy were reflected not only in her opinions and her work to improve the administration of justice but also in her efforts to advance gender equality in the Bar. She rightly deserves to be viewed as among the judicial heroines of the late 20th and early 21st centuries.

"With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds"-- Provided by publisher.