Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights (Law and Philosophy Library #136) (Hardcover)

Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights (Law and Philosophy Library #136) By Jan-R Sieckmann (Editor) Cover Image
By Jan-R Sieckmann (Editor)
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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​.
Product Details
ISBN: 9783030773205
ISBN-10: 3030773205
Publisher: Springer
Publication Date: August 14th, 2021
Pages: 255
Language: English
Series: Law and Philosophy Library