rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Proportionality in Law
    sub title: An Analytical Perspective
  name:
    name part: Duarte, David.
    role:
      role term: editor.
    role:
      role term: edt
    role:
      role term: http://id.loc.gov/vocabulary/relators/edt
  name:
    name part: Silva Sampaio, Jorge.
    role:
      role term: editor.
    role:
      role term: edt
    role:
      role term: http://id.loc.gov/vocabulary/relators/edt
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: gw
    date issued: 2018
    edition: 1st ed. 2018.
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: XI, 192 p. 5 illus. online resource.
  abstract: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
  table of contents: Part I The principle of proportionality and fundamental rights: Jan Sieckmann, Proportionality as a human rights principle -- Laura Clérico, Proportionality in social rights adjudication: making it workable -- David Duarte, Gains and losses in balancing social rights -- Jorge Silva Sampaio, Proportionality in its narrow sense and measuring the intensity of restrictions on fundamental rights -- Luka Burazin, Conflicts between fundamental rights norms -- Part II Proportionality, balancing and legal principles: Giovanni Sartor, Balancing principles and making rules -- Pedro Moniz Lopes, Balancing principles and a fortiori reasoning -- Rúben Ramiao, Some fundamental problems concerning Alexy's notion of legal principles -- David Martínez Zorrilla, Some thoughts about the limits of Alexy's conception of principles and balancing.
  note: edited by David Duarte, Jorge Silva Sampaio.
  subject:
    topic: Law-Philosophy
  subject:
    topic: Law
  subject:
    topic: Political science
  subject:
    topic: Human rights
  subject:
    topic: International law
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  subject:
    topic: Philosophy of Law
  subject:
    topic: Human Rights
  subject:
    topic: Sources and Subjects of International Law, International Organizations
  classification: K201-487
  classification: B65
  classification: 340.1
  related item:
    title info:
      title: Springer eBooks
  identifier: 9783319896472
  identifier: https://doi.org/10.1007/978-3-319-89647-2
  record info:
    record creation date: 180730
    record change date: 20191025231701.0
    record identifier: 978-3-319-89647-2