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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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A Critique of Proportionality and Balancing (Hardcover)
Loot Price: R3,060
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A Critique of Proportionality and Balancing (Hardcover)
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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.
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