A critique of proportionality and balancing
by Urbina Molfino, Francisco Javier
"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic c…
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- Full title :A critique of proportionality and balancing / Francisco J. Urbina.
Summary
"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits"--
Read More ↓Edition Statements
- Publication Date:©2017
Publication Statements
- Publisher(s):Cambridge University Press
- Place of Publication:Cambridge
- Language:eng
- Publication Date:©2017
The Physical Object
- Description:xii, 267 pages ; : 24 cm
Edition Identifiers
- ISBN:9781107175068, 1107175062
- oclc:ocn953805740
- LC Classification:K247
- Dewey Decimal:342.08/501
Table of Contents
1. Introduction --
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