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Benedikt Pirker (1)

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Proportionality Analysis and Models of Judicial Review / druk 1

A Theoretical and Comparative Study

2013 || Paperback || Benedikt Pirker || Uitgeverij Paris B.V.

Proportionality analysis describes a particular legal technique of resolving conflicts between human or constitutional rights and public interests through a process of balancing. As a general tendency, the current vivid academic debate on proportionality pays, however, insufficient attention to the institutional context – the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, the ...