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Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights

Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights

作者： Jan-R. Sieckmann
出版商： Springer International
ISBN: 9783030773236
出版时间 August 2022
规格： Paperback
适应领域： Switzerland ? 免责申明：
Countri(es) stated herein are used as reference only

US$241.93

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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.
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

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