Overview
- Theoretical analysis of the principle of proportionality
- Articulates a normativist theory of law perspective
- Addresses numerous unexplored aspects of proportionality
- Discusses one of the most important theory of law and constitutional law issues that is being studied by scholars and used by nearly every court in the world
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About this book
This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
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Keywords
Table of contents (9 chapters)
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Front Matter
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The Principle of Proportionality and Fundamental Rights
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Front Matter
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Proportionality, Balancing and Legal Principles
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Front Matter
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Editors and Affiliations
About the editors
David Duarte is a Professor at the Faculty of Law of the University of Lisbon where he was awarded his PhD. His main fields of research are legal theory, fundamental rights, and administrative law. He is in the Board of Directors of the Portuguese Association for Legal Theory, Legal Philosophy and Social Theory (ATFD). Published works such as Structuring Addressees in Fundamental Rights Norms: An Application. Fundamental Rights, Justification and Interpretation. Edited by Kenneth Himma and Bojan Spaic. Eleven International Publishing, 2016; Analogy and Balancing: The Partial Reducibility Thesis and its Problems. Revus. Journal for Constitutional Law and Philosophy of Law, 25, 1-11; 2015, An Experimental Essay on the Antecedent and Its Formulation. i-Lex, 16. 37-60.
Jorge Silva Sampaio is a Ph.D. researcher and a guest lecturer at the University of Lisbon School of Law, as well as an associate researcher at CIDP—Lisbon Centre for Research in Public Law. Hismain fields of research are legal theory and legal science, constitutional and administrative law and human rights. He is also a Law clerk at the Portuguese Constitutional Court. He has authored several papers and books on public law and legal theory, including “The Contextual Nature of Proportionality and Its Relation with the Intensity of Judicial Review“, in Judicial Activism, Springer, 2015; O controlo jurisdicional das políticas públicas de direitos sociais, Coimbra Editora, 2015.
Jorge Silva Sampaio is a Ph.D. researcher and a guest lecturer at the University of Lisbon School of Law, as well as an associate researcher at CIDP—Lisbon Centre for Research in Public Law. Hismain fields of research are legal theory and legal science, constitutional and administrative law and human rights. He is also a Law clerk at the Portuguese Constitutional Court. He has authored several papers and books on public law and legal theory, including “The Contextual Nature of Proportionality and Its Relation with the Intensity of Judicial Review“, in Judicial Activism, Springer, 2015; O controlo jurisdicional das políticas públicas de direitos sociais, Coimbra Editora, 2015.
Bibliographic Information
Book Title: Proportionality in Law
Book Subtitle: An Analytical Perspective
Editors: David Duarte, Jorge Silva Sampaio
DOI: https://doi.org/10.1007/978-3-319-89647-2
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2018
Hardcover ISBN: 978-3-319-89646-5Published: 09 August 2018
Softcover ISBN: 978-3-030-07823-2Published: 01 February 2019
eBook ISBN: 978-3-319-89647-2Published: 30 July 2018
Edition Number: 1
Number of Pages: XI, 192
Number of Illustrations: 5 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Human Rights, Sources and Subjects of International Law, International Organizations