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Proportionality, Balancing, and Rights

Robert Alexy's Theory of Constitutional Rights

  • Book
  • © 2021

Overview

Editors:
  1. Jan-R. Sieckmann

    1. Faculty of Law, FAU University Erlangen-Nuremberg, Erlangen, Germany

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  • Offers a cutting-edge research on Alexy's theory of constitutional rights, presumably the most influential theory is this field today
  • Presents representative statement of the European Alexy-school defending the principles theory of law and of constitutional rights
  • Includes a contribution of Robert Alexy outlining the main issues of his theory of constitutional rights

Part of the book series: Law and Philosophy Library (LAPS, volume 136)

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-xii
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  2. Constitutional Rights, Proportionality, and Argumentation

    • Robert Alexy
    Pages 1-10

  3. From Constitutional Discretion to the Positivist Weight Formula

    • David Duarte
    Pages 11-48

  4. Brute Balancing, Proportionality and Meta-Weighing of Reasons

    • Jorge Silva Sampaio
    Pages 49-84

  5. Limited Balancing: The Principle of Human Dignity and Its Inviolability

    • Carsten Bäcker
    Pages 85-111

  6. To Balance or Not to Balance: The Quest for the Essence of Rights

    • Jan-R. Sieckmann
    Pages 113-134

  7. Limited Review in Balancing Constitutional Rights

    • Martin Borowski
    Pages 135-162

  8. Positive Rights: Who Decides? Judicial Review in Balance

    • Matthias Klatt
    Pages 163-195

  9. Proportionality Test and Constitutional Social Rights

    • Federico De Fazio
    Pages 197-213

  10. An Argument for the Test of Proportionality in Concreto: Silenced Voices from the Margins to the Center

    • Laura Clérico, Martín Aldao
    Pages 215-229

  11. ‘Thou Shalt Balance’: Making Sense of the Delegation of Proportionality Testing to the End Users of Laws

    • A. Daniel Oliver-Lalana
    Pages 231-252

  12. Back Matter

    Pages 253-255
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Keywords

About this book

The book focuses on Robert Alexy’s theory of constitutional rights. Alexy systematically presented the theory in his seminal book “Theorie der Grundrechte” (1985; Engl. translation “Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy’s theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.

Editors and Affiliations

  • Faculty of Law, FAU University Erlangen-Nuremberg, Erlangen, Germany

    Jan-R. Sieckmann

About the editor

Jan-Reinard Sieckmann, Dr. jur., Professor of Legal Theory and Philosophy of Law at the University of Erlangen-Nuremberg, studied Law and Philosophy at the University of Göttingen, Doctorate at the University of Göttingen 1988, Habilitation at the University of Kiel 1997. Main fields of research: legal philosophy, argumentation theory, human and constitutional rights.

Bibliographic Information

  • Book Title: Proportionality, Balancing, and Rights

  • Book Subtitle: Robert Alexy's Theory of Constitutional Rights

  • Editors: Jan-R. Sieckmann

  • Series Title: Law and Philosophy Library

  • DOI: https://doi.org/10.1007/978-3-030-77321-2

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-77320-5Published: 14 August 2021

  • Softcover ISBN: 978-3-030-77323-6Published: 15 August 2022

  • eBook ISBN: 978-3-030-77321-2Published: 12 August 2021

  • Series ISSN: 1572-4395

  • Series E-ISSN: 2215-0315

  • Edition Number: 1

  • Number of Pages: XII, 255

  • Number of Illustrations: 6 b/w illustrations

  • Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Constitutional Law

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