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Author Urbina Molfino, Francisco Javier, author
Title A critique of proportionality and balancing / Francisco J. Urbina
Imprint Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017
©2017
book jacket
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 人文社會聯圖  K247 .U73 2017    DUE 01-21-22    30660020172560
Descript xii, 267 pages ; 24 cm
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Note "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"-- Provided by publisher
Includes bibliographical references and index
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
Subject Proportionality in law
Human rights
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