| A Critique of Proportionality and Balancing Contributor(s): Urbina, Francisco J. (Author) |
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ISBN: 1316626814 ISBN-13: 9781316626818 Publisher: Cambridge University Press OUR PRICE: $36.09 Product Type: Paperback - Other Formats Published: June 2018 |
| Additional Information |
| BISAC Categories: - Law | Jurisprudence - Law | Civil Rights |
| Dewey: 342.085 |
| Physical Information: 0.59" H x 6" W x 9" (0.83 lbs) 267 pages |
| Descriptions, Reviews, Etc. |
| Publisher 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. |
Contributor Bio(s): Urbina, Francisco: - Francisco Urbina is Assistant Professor of Law at the Pontificia Universidad Catolica, Chile. His research focuses on human rights, legal reasoning, and public law. |