A Critique of Proportionality and Balancing

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.

Author: Francisco Urbina
Publisher: Cambridge University Press
Published: 06/21/2018
Pages: 280
Binding Type: Paperback
Weight: 0.83lbs
Size: 9.00h x 6.00w x 0.59d
ISBN: 9781316626818

About the Author
Urbina, Francisco: - Francisco Urbina is Assistant Professor of Law at the Pontificia Universidad Catolica, Chile. His research focuses on human rights, legal reasoning, and public law.