Proportionality, Balancing, and Rights

Robert Alexy's Theory of Constitutional Rights

By: Jan-R. Sieckmann (Editor)

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Hardcover | 14 August 2021

At a Glance

Hardcover
268 Pages

Dimensions(cm)
23.39 x 15.6 x 1.6

Hardcover

$264.27

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Constitutional Rights, Proportionality, and Argumentation.- The Role of Morality in Balancing Constitutional Rights.- Constitutional discretion and proportionality: the positivistic weight formula.- Proportionality and meta-weighing of reasons.- Limited Balancing. The Principle of Human Dignity and its Inviolability.- Balancing Rights and Interests. On Schauer's Asymmetry Thesis.- To Balance or not to Balance: The Quest for the Essence of Rights.- An argument for the proportionality test in concrete: challenging the margin of appreciation doctrine from a gender perspective in intersection with poverty.- Proportionality Test and Constitutional Social Rights Adjudication.- "Thou shalt balance" - Making sense of the delegation of the proportionality testing to the end users of law.

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