A critique of proportionality and balancing / Francisco J. Urbina.
2017
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Details
Title
A critique of proportionality and balancing / Francisco J. Urbina.
Imprint
Cambridge : Cambridge University Press, 2017.
Description
1 online resource (xii, 267 pages) : digital, PDF file(s)
Formatted Contents Note
Machine generated contents note: 1. 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.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 28 Feb 2017).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9781316796276 ebook
9781107175068 (hardback)
9781316626818 (paperback)
9781107175068 (hardback)
9781316626818 (paperback)
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