Cookies?
Library Header Image
LSE Research Online LSE Library Services

Proportionality: challenging the critics

Moller, Kai (2012) Proportionality: challenging the critics. International Journal of Constitutional Law, 10 (3). pp. 709-731. ISSN 1474-2640

Full text not available from this repository.

Abstract

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.

Item Type: Article
Official URL: http://icon.oxfordjournals.org/
Additional Information: © 2012 The Author
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 11 Sep 2012 15:48
URL: http://eprints.lse.ac.uk/45809/

Actions (login required)

Record administration - authorised staff only Record administration - authorised staff only