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The Legal Issues of the Emerging Rights

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Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights

Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights

Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights

Author: Jan-R. Sieckmann
Publisher: Springer International
ISBN: 9783030773236
Published In: August 2022
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

RMB 1,755.49

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The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book "Theorie der Grundrechte" (1985; Engl. translation "Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.

Constitutional Rights, Proportionality, and Argumentation

The Role of Morality in Balancing Constitutional Rights

Constitutional discretion and proportionality: the positivistic weight formula

Proportionality and meta-weighing of reasons

Limited Balancing. The Principle of Human Dignity and its Inviolability

Balancing Rights and Interests. On Schauer's Asymmetry Thesis

To Balance or not to Balance: The Quest for the Essence of Rights

An argument for the proportionality test in concrete: challenging the margin of appreciation doctrine from a gender perspective in intersection with poverty

Proportionality Test and Constitutional Social Rights Adjudication

"Thou shalt balance" - Making sense of the delegation of the proportionality testing to the end users of law

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