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

Administrative / Constitutional Law

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

By Jan-R. Sieckmann
Springer International August 2022

Specifications

ISBN-13
9783030773236
Publisher
Springer International
Publication
August 2022
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

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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