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Proportionality in Law: An Analytical Perspective

Proportionality in Law: An Analytical Perspective

Proportionality in Law: An Analytical Perspective

Author: David Duarte; Jorge Silva Sampaio
Publisher: Springer-Verlag
ISBN: 9783319896465
Published In: August 2018
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,393.87

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This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law.

On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

Part I The principle of proportionality and fundamental rights: Jan Sieckmann, Proportionality as a human rights principle

Laura Clérico, Proportionality in social rights adjudication: making it workable

David Duarte, Gains and losses in balancing social rights

Jorge Silva Sampaio, Proportionality in its narrow sense and measuring the intensity of restrictions on fundamental rights

Luka Burazin, Conflicts between fundamental rights norms

Part II Proportionality, balancing and legal principles: Giovanni Sartor, Balancing principles and making rules

Pedro Moniz Lopes, Balancing principles and a fortiori reasoning

Rúben Ramiao, Some fundamental problems concerning Alexy's notion of legal principles

David Martínez Zorrilla, Some thoughts about the limits of Alexy's conception of principles and balancing.

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