Journal Article

Proportionality: Challenging the critics

Kai Möller

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 10, issue 3, pages 709-731
Published in print July 2012 | ISSN: 1474-2640
Published online July 2012 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mos024
Proportionality: Challenging the critics

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While the principle of proportionality has been the most important doctrinal tool in constitutional rights law around the world for decades, constitutional theorists have only recently begun to develop theoretical accounts of it. Even more recently, a few scholars have come forward with critiques of the doctrine’s usefulness, in particular with regard to its assumed failure to adequately address the moral issues and the assumed impossibility or impressionistic nature of balancing. This paper examines the arguments of the critics and concludes that they have failed to make a convincing case against proportionality.

Journal Article.  12152 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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