A Critique Of Proportionality And Balancing 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
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Download A Critique Of Proportionality And Balancing 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 PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get A Critique Of Proportionality And Balancing 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 book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
A Critique Of Proportionality And Balancing 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
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Author : Francisco Javier Urbina Molfino
language : en
Publisher:
Release Date : 2017
A Critique Of Proportionality And Balancing 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 written by Francisco Javier Urbina Molfino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
"The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits"--
A Critique Of Proportionality And Balancing
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Author : Francisco J. Urbina
language : en
Publisher: Cambridge University Press
Release Date : 2017
A Critique Of Proportionality And Balancing written by Francisco J. Urbina and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This book offers a comprehensive critique of the principle of proportionality and balancing as applied to human and constitutional rights.
A Cosmopolitan Jurisprudence
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Author : Helge Dedek
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-18
A Cosmopolitan Jurisprudence written by Helge Dedek and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-18 with Law categories.
H. Patrick Glenn (1940-2014), Professor of Law and former Director of the Institute of Comparative Law at McGill University, was a key figure in the global discourse on comparative law. This collection is intended to honor Professor Glenn's intellectual legacy by engaging critically with his ideas, especially focusing on his visions of a 'cosmopolitan state' and of law conceptualized as 'tradition'. The book explores the intellectual history of comparative law as a discipline, its attempts to push the objects of its study beyond the positive law of the nation-state, and both its potential and the challenges it must confront in the face of the complex phenomena of globalization and the internationalization of law. An international group of leading scholars in comparative law, legal philosophy, legal sociology, and legal history takes stock of the field of comparative law and where it is headed.
Comparative Constitutional Law
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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Comparative Constitutional Law written by Tom Ginsburg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Methodologies Of Legal Research
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Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-02-28
Methodologies Of Legal Research written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-28 with Law categories.
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
Reasonableness And Law
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-08-19
Reasonableness And Law written by Giorgio Bongiovanni and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-19 with Philosophy categories.
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
International Relations Theories
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Author : Timothy Dunne
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
International Relations Theories written by Timothy Dunne and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Political Science categories.
This cutting-edge textbook provides a comprehensive introduction to international relations theory. Arguing that theory is central to explaining the dynamics of world politics, it includes a wide variety of theoretical positions--from the historically dominant traditions to powerful critical voices since the 1980s. The editors have brought together a team of international contributors, each specializing in a different theory. The contributors explain the theoretical background to their positions before showing how and why their theories matter. The book opens up space for analysis and debate, allowing students to decide which theories they find most useful in explaining and understanding international relations.
Men And Citizens In The Theory Of International Relations
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Author : Andrew Linklater
language : en
Publisher: Springer
Release Date : 1982-02-25
Men And Citizens In The Theory Of International Relations written by Andrew Linklater and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-02-25 with Political Science categories.
Men and Citizens in the Theory of International Relations deals with the tension between the obligations of citizenship and the obligations of humanity in modern theories of the state and international relations.
The Constitutional Structure Of Proportionality
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Author : Matthias Klatt
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-07-19
The Constitutional Structure Of Proportionality written by Matthias Klatt and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-19 with Law categories.
Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
The Ultimate Rule Of Law
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Author : David M. Beatty
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The Ultimate Rule Of Law written by David M. Beatty and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
This book examines judgments of leading courts around the world on issues such as religious freedom, sex discrimination, and social and economic rights. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. Beatty's analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.