Proportionality in Law
An Analytical Perspective
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Beschreibung
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.
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.
Theoretical analysis of the principle of proportionality Articulates a normativist theory of law perspective Addresses numerous unexplored aspects of proportionality Discusses one of the most important theory of law and constitutional law issues that is being studied by scholars and used by nearly every court in the world
Autor*in
David Duarte
Themen in »Proportionality in Law«
Balancing Legal principles Fundamental rights Human rights Social rights Implicit principles Robert Alexy Rule of law Judicial review Discretion Constitutional law Legislation Legislative procedure Lawmaking