Chapter

Introduction

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print July 2012 | ISBN: 9780199662463
Published online September 2012 | e-ISBN: 9780191743405 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199662463.003.0001
Introduction

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The Introduction gives a short and concise overview on the main issues dealt with in the book. It relates the discussion of proportionality to the current debates on global constitutionalism and balancing. It sets out the main thesis that proportionality forms an indispensable part of rights analysis. This is supplemented by reference to various jurisdictions and case law applying this test. The theoretical background of the book is demonstrated to lie in the principles theory founded by Robert Alexy. The Introduction then mentions the severe criticism raised against both proportionality and balancing and presents current challenges to it. Reference is made to a recent debate in the International Journal of Constitutional Law. The individual chapters are briefly introduced.

Keywords: global constitutionalism; balancing; proportionality; constitutionality; principles theory; rights analysis

Chapter.  2621 words. 

Subjects: Constitutional and Administrative Law

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