Borrowing Justification for Proportionality On the Influence of the Principles Theory in Brazil /

• Main Author: Andrade Neto, João (Author, http://id.loc.gov/vocabulary/relators/aut)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Cham : Springer International Publishing : Imprint: Springer, 2018.
• Edition: 1st ed. 2018.
• Series: Ius Gentium: Comparative Perspectives on Law and Justice, 72
• Subjects: Private international law.; Conflict of laws.; Constitutional law.; Law-Philosophy.; Law.; Private International Law, International & Foreign Law, Comparative Law .; Constitutional Law.; Theories of Law, Philosophy of Law, Legal History.

The proportionality test, as proposed in Robert Alexy's principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question "are courts justified in borrowing proportionality?" has not been expressly put in many countries where judicial borrowings a...

Table of Contents:

• Chapter 1. Introduction
• Chapter 2. On the Migration of Proportionality
• Chapter 3. The Principles-Theory Variant of Proportionality
• Chapter 4. A System of Rules and Principles
• Chapter 5. A Charter of Rights with Wide Scope
• Chapter 6. A Constitutional Court Looking for Justification
• Chapter 7. A Final Argument in Favour of Proportionality
• Chapter 8. Concluding Remarks.