A Critique of Proportionality and Balancing

Autorentext

Francisco J. Urbina is Assistant Professor of Law at Pontificia Universidad Catolica de Chile. His research focuses on human rights, legal reasoning, and public law.

Klappentext

This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.

Zusammenfassung
The principle of proportionality has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide. This book provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing.

Inhalt

1. 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.