000			01714cam a22001938i 4500
999			_c376898 _d376898
020			_a9781107175068 (hardback)
082	0	0	_a342.08 _bURB.C
100	1		_aUrbina Molfino, Francisco Javier,
245	1	2	_aCritique of proportionality and balancing / _cFrancisco Urbina.
260			_aUK, _bCambridge, _c2017.
300			_a267 p. :
504			_aIncludes bibliographical references and index.
505	8		_aMachine generated contents note: 1. 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.
520			_a"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"--
650		0	_aProportionality in law.
650		0	_aHuman rights.
650		7	_aLAW / Jurisprudence.
942			_cBK