Proportionality in Law An Analytical Perspective /

• Corporate Author: SpringerLink (Online service)
• Other Authors: Duarte, David (Editor, http://id.loc.gov/vocabulary/relators/edt), Silva Sampaio, Jorge (Editor, http://id.loc.gov/vocabulary/relators/edt)
• Format: Electronic eBook
• Language: English
• Published: Cham : Springer International Publishing : Imprint: Springer, 2018.
• Edition: 1st ed. 2018.
• Subjects: Law-Philosophy.; Law.; Political science.; Human rights.; International law.; Theories of Law, Philosophy of Law, Legal History.; Philosophy of Law.; Human Rights.; Sources and Subjects of International Law, International Organizations.

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 constituti...

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.