The Rights' Orchestra: Proportionality, Balancing, and Viking
Humboldt University of Berlin - Faculty of Law
November 7, 2010
New England Journal of Internaitional Law and Comparative Law, 2011
Uses the cases of Viking and Laval to compare E.U. proportionality to U.S. balancing. Describes the problems of legal reasoning, justification, and hierarchization of fundamental (constitutional) (human) rights. Applies the Coase theorem to constitutional and treaty adjudication.
Number of Pages in PDF File: 36
Keywords: Proportionality, Balancing, Viking, Laval, Freedom, Right, Establishment, Services, Strike, Collective, Industrial, Action, Justification, Legal Reasoning, Legal Theory, Philosophy of Law, Jurisprudence
JEL Classification: K10, K31, K33, K40Accepted Paper Series
Date posted: November 8, 2010 ; Last revised: March 15, 2011
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