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OverviewThe 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. Full Product DetailsAuthor: Francisco J. Urbina (Pontificia Universidad Catolica de Chile)Publisher: Cambridge University Press Imprint: Cambridge University Press Dimensions: Width: 15.20cm , Height: 1.50cm , Length: 23.00cm Weight: 0.420kg ISBN: 9781316626818ISBN 10: 1316626814 Pages: 267 Publication Date: 21 June 2018 Audience: Professional and scholarly , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. Introduction; Part I: 2. The maximisation account of proportionality; 3. The incommensurability objection; 4. Why proportionality?; 5. Proportionality, rights, and legitimate interests; Part II: 6. Proportionality as unconstrained moral reasoning; 7. The need for legal direction in adjudication; 8. Proportionality and the problems of legally unaided adjudication; Part III: 9. Legal human rights.ReviewsAuthor InformationFrancisco J. Urbina is Assistant Professor of Law at Pontificia Universidad Catolica de Chile. His research focuses on human rights, legal reasoning, and public law. Tab Content 6Author Website:Countries AvailableAll regions |
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