Proportionality in Law

Proportionality in Law

Author
David Duarte, Jorge Silva Sampaio
Publisher
Springer International Publishing
Language
English
Edition
1st ed.
Year
2018
Page
XI, 192
ISBN
978-3-319-89646-5,978-3-319-89647-2
File Type
pdf
File Size
2.1 MiB

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.

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