A Critique of Proportionality and Balancing (Paperback)

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.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Release date:	June 2018
Authors:	Francisco J. Urbina
Dimensions:	230 x 152 x 15mm (L x W x T)
Format:	Paperback - Trade
Pages:	267
ISBN-13:	978-1-316-62681-8
Categories:	Books > Law > International law > Public international law > International human rights law Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > General
LSN:	1-316-62681-4
Barcode:	9781316626818

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