A Critique of Proportionality and Balancing

Nonfiction, Reference & Language, Law, Jurisprudence, International
Cover of the book A Critique of Proportionality and Balancing by Francisco J. Urbina, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Francisco J. Urbina ISBN: 9781316800768
Publisher: Cambridge University Press Publication: January 26, 2017
Imprint: Cambridge University Press Language: English
Author: Francisco J. Urbina
ISBN: 9781316800768
Publisher: Cambridge University Press
Publication: January 26, 2017
Imprint: Cambridge University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Cambridge University Press

Cover of the book The Cambridge Companion to Electronic Music by Francisco J. Urbina
Cover of the book The Theology of the Book of Revelation by Francisco J. Urbina
Cover of the book Chinese Martial Arts by Francisco J. Urbina
Cover of the book The French War on Al Qa'ida in Africa by Francisco J. Urbina
Cover of the book The Venetian Discovery of America by Francisco J. Urbina
Cover of the book Justice through Apologies by Francisco J. Urbina
Cover of the book The Cambridge Companion to Leibniz by Francisco J. Urbina
Cover of the book Law and the New Logics by Francisco J. Urbina
Cover of the book Markov Chains by Francisco J. Urbina
Cover of the book Enterprise Liability and the Common Law by Francisco J. Urbina
Cover of the book Planning Australia by Francisco J. Urbina
Cover of the book The Roots of English Colonialism in Ireland by Francisco J. Urbina
Cover of the book The Heritage Crusade and the Spoils of History by Francisco J. Urbina
Cover of the book Probability and Computing by Francisco J. Urbina
Cover of the book Biodiversity in Agriculture by Francisco J. Urbina
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy