عنوان

Proportionality in law :

3319896474

9783319896472

3319896466

9783319896465

Proportionality in law :

[Book]

an analytical perspective /

David Duarte, Jorge Silva Sampaio, editors.

Cham, Switzerland :

Springer,

2018.

1 online resource

PART I. THE PRINCIPLE OF PROPORTIONALITY AND FUNDAMENTAL RIGHTS -- Proportionality as a universal human rights principle / Jan Sieckmann -- Proportionality in social rights adjudication : making it workable / Laura Clérico -- Gains and losses in balancing social rights / David Duarte -- Proportionality in its narrow sense and measuring the intensity of restrictions on fundamental rights / Jorge Silva Sampaio -- Conflicts between fundamental rights norms / Luka Burazin -- PART II. PROPORTIONALITY, BALANCING AND LEGAL PRINCIPLES -- Consistency in balancing : from value assessments to factor-based rules / Giovanni Sartor -- Balancing principles and a fortiori reasoning / Pedro Moniz Lopes -- Some fundamental problems concerning Alexy's notion of legal principles / Rúben Ramião -- Some thoughts about the limits of Alexy's conception of principles and balancing / David Martínez-Zorrilla

0

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.--

Springer Nature

com.springer.onix.9783319896472

9783319896465

Proportionality in law.

Human rights.

Jurisprudence & philosophy of law.

LAW-- Essays.

LAW-- General Practice.

LAW-- Jurisprudence.

LAW-- Paralegals & Paralegalism.

LAW-- Practical Guides.

LAW-- Reference.

Proportionality in law.

Public international law.

LAB

LAB

LAW-- 044000

LAW-- 052000

LAW-- 071000

LAW-- 079000

LAW-- 098000

LAW-- 101000

Duarte, David

Sampaio, Jorge Silva

20200823114627.0

pn

[Book]

Y