Proportionality in law : an analytical perspective / David Duarte, Jorge Silva Sampaio, editors.
Duarte, David, editor.; Sampaio, Jorge Silva, editor.
2018
K247 .P767 2018
Available Online

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Title Proportionality in law : an analytical perspective / David Duarte, Jorge Silva Sampaio, editors.
ISBN 9783319896472 (electronic book)
3319896474 (electronic book)
3319896466
9783319896465
DOI https://doi.org/10.1007/978-3-319-89647-2
Published Cham, Switzerland : Springer, 2018.
Language English
Description 1 online resource
Other Standard Identifiers 10.1007/978-3-319-89647-2 doi
Call Number K247 .P767 2018
Dewey Decimal Classification 340.11
Summary 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.-- Provided by publisher.
Access Note Access limited to authorized users.
Digital File Characteristics text file PDF
Added Author Duarte, David, editor.
Sampaio, Jorge Silva, editor.
Available in Other Form Print version: 9783319896465
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PART I. THE PRINCIPLE OF PROPORTIONALITY AND FUNDAMENTAL RIGHTS
Proportionality as a universal human rights principle / Jan Sieckmann
Proportionality in social rights adjudication : making it workable / Laura Clérico
Gains and losses in balancing social rights / David Duarte
Proportionality in its narrow sense and measuring the intensity of restrictions on fundamental rights / Jorge Silva Sampaio
Conflicts between fundamental rights norms / Luka Burazin
PART II. PROPORTIONALITY, BALANCING AND LEGAL PRINCIPLES
Consistency in balancing : from value assessments to factor-based rules / Giovanni Sartor
Balancing principles and a fortiori reasoning / Pedro Moniz Lopes
Some fundamental problems concerning Alexy's notion of legal principles / Rúben Ramião
Some thoughts about the limits of Alexy's conception of principles and balancing / David Martínez-Zorrilla

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