A Critique of Proportionality and Balancing

Nonfiction, Reference & Language, Law, Jurisprudence, International
Cover of the book A Critique of Proportionality and Balancing by Francisco J. Urbina, Cambridge University Press
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Author: Francisco J. Urbina ISBN: 9781316800768
Publisher: Cambridge University Press Publication: January 26, 2017
Imprint: Cambridge University Press Language: English
Author: Francisco J. Urbina
ISBN: 9781316800768
Publisher: Cambridge University Press
Publication: January 26, 2017
Imprint: Cambridge University Press
Language: English

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.

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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 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.

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