A Critique of Proportionality and Balancing

A Critique of Proportionality and Balancing
Author: Francisco J. Urbina
Publisher: Cambridge University Press
Total Pages: 289
Release: 2017
Genre: Law
ISBN: 1107175062
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This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.


A Critique of Proportionality and Balancing
Language: en
Pages: 289

A Critique of Proportionality and Balancing

Authors: Francisco J. Urbina
Categories: Law
Type: BOOK - Published: 2017 - Publisher: Cambridge University Press

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This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
A Critique of Proportionality and Balancing: Introduction; Part I: 2. The maximisation account of proportionality; 3. The incommensurability objection; 4. Why proportionality?; 5. Proportionality, rights, and legitimate interests; Part II: 6. Proportionality as unconstrained moral reasoning; 7. The need for legal direction in adjudication; 8. Proportionality and the problems of legally unaided adjudication; Part III: 9. Legal human rights
Language: en
Pages:

A Critique of Proportionality and Balancing: Introduction; Part I: 2. The maximisation account of proportionality; 3. The incommensurability objection; 4. Why proportionality?; 5. Proportionality, rights, and legitimate interests; Part II: 6. Proportionality as unconstrained moral reasoning; 7. The need for legal direction in adjudication; 8. Proportionality and the problems of legally unaided adjudication; Part III: 9. Legal human rights

Authors: Francisco Javier Urbina Molfino
Categories: LAW
Type: BOOK - Published: 2017 - Publisher:

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"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has h
A Critique of Proportionality and Balancing
Language: en
Pages:

A Critique of Proportionality and Balancing

Authors: Francisco Javier Urbina Molfino
Categories: Human rights
Type: BOOK - Published: 2017 - Publisher:

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"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has h
Proportionality and Constitutional Culture
Language: en
Pages: 183

Proportionality and Constitutional Culture

Authors: Moshe Cohen-Eliya
Categories: Law
Type: BOOK - Published: 2013-06-13 - Publisher: Cambridge University Press

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Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now.
Proportionality and Judicial Activism
Language: en
Pages: 261

Proportionality and Judicial Activism

Authors: Niels Petersen
Categories: Law
Type: BOOK - Published: 2017-03-02 - Publisher: Cambridge University Press

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This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.