Description: 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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EAN: 9781316626818
UPC: 9781316626818
ISBN: 9781316626818
MPN: N/A
Book Title: A Critique of Proportionality and Balancing by Fra
Item Length: 22.9 cm
Number of Pages: 267 Pages
Publication Name: A Critique of Proportionality and Balancing
Language: English
Publisher: Cambridge University Press
Item Height: 230 mm
Publication Year: 2018
Type: Textbook
Item Weight: 420 g
Subject Area: International Law, Constitutional Law
Author: Francisco J. Urbina
Item Width: 152 mm
Format: Paperback
