A Critique of Proportionality and Balancing

Know about the book -

A Critique of Proportionality and Balancing is written by Francisco J. Urbina and published by Cambridge University Press. It's available with International Standard Book Number or ISBN identification 1316802957 (ISBN 10) and 9781316802953 (ISBN 13).

The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits.