'Thou shalt balance' : making sense of the delegation of proportionality testing to the end users of laws / A. Daniel Oliver-Lalana. From constitutional discretion to the positivist weight formula / David Duarte -- Brute balancing, proportionality and meta-weighing of reasons/ Jorge Silva Sampaio -- Limited balancing : the principle of human dignity and its inviolability / Carsen Bäcker -- To balance or not to balance : the quest for the essence of rights / Jan-R. Sieckmann -- Limited review in balancing constitutional rights / Martin Borowski -- Positive rights : who decides? : judicial review in balance / Matthias Klatt -- Proportionality test and constitutional social rights / Federico De Fazio -- An argument for the test of proportionality in concreto : silenced voices from the margins to the center / Laura Clérico and Martín Aldao -- 'Thou shalt balance' : making sense of the delegation of proportionality testing to the end users of laws / A. Daniel Oliver-Lalana.
Summary:
The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Series:
Law and philosophy library, 1572-4395 ; volume 136
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.