A critique of proportionality and balancing / Francisco Urbina.
"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 Cr...
Saved in:
| Online Access: |
Full Text (via Cambridge) |
|---|---|
| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Cambridge [UK] ; New York :
Cambridge University Press,
2017.
|
| Subjects: |
| 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"-- |
|---|---|
| Physical Description: | 1 online resource |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9781316809525 1316809528 9781316796276 1316796272 9781316626818 1316626814 131680660X 9781316806609 1316807339 9781316807330 |
| DOI: | 10.1017/9781316796276 |
| Source of Description, Etc. Note: | Online resource; title from PDF title page (EBSCO, viewed January 13, 2017). |