Proportionality in Law

Description

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. Front Matter ....Pages i-xi Front Matter ....Pages 1-1 Proportionality as a Universal Human Rights Principle (Jan Sieckmann)....Pages 3-24 Proportionality in Social Rights Adjudication: Making It Workable (Laura Clérico)....Pages 25-48 Gains and Losses in Balancing Social Rights (David Duarte)....Pages 49-69 Proportionality in Its Narrow Sense and Measuring the Intensity of Restrictions on Fundamental Rights (Jorge Silva Sampaio)....Pages 71-110 Conflicts Between Fundamental Rights Norms (Luka Burazin)....Pages 111-117 Front Matter ....Pages 119-119 Consistency in Balancing: From Value Assessments to Factor-Based Rules (Giovanni Sartor)....Pages 121-136 Balancing Principles and A Fortiori Reasoning (Pedro Moniz Lopes)....Pages 137-156 Some Fundamental Problems Concerning Alexy’s Notion of Legal Principles (Rúben Ramião)....Pages 157-170 Some Thoughts About the Limits of Alexy’s Conception of Principles and Balancing (David Martínez-Zorrilla)....Pages 171-192