Abstract

http://ssrn.com/abstract=2272979
 


 



Proportionality and Rights Inflation


Kai Möller


London School of Economics - Law Department

June 1, 2013

LSE Legal Studies Working Paper No. 17/2013

Abstract:     
Proportionality is the most important principle of constitutional rights law around the world, but our theoretical grasp of both the principle itself and the conception of rights of which it is the crucial part is still emerging. The goal of this chapter is to contribute to the scholarly discussion on proportionality by exposing and exploring an important link between proportionality and rights inflation, that is, the phenomenon that increasingly relatively trivial interests are protected as rights. My claim is that proportionality is not only compatible with rights inflation, but that it necessitates it: under a theory of rights that endorses proportionality, there is no coherent way to avoid the conclusion that all autonomy interests should be protected as rights, and this includes interests in engaging in trivial and even immoral activities. Although this intuitively implausible result may strengthen some in their doubts about or rejection of proportionality, this chapter will proceed by showing that, while my argument, if correct, necessitates the revision of some widely held views about the nature and justification of human and constitutional rights, there is nothing incoherent or unattractive about such a view. On the contrary, rights inflation and proportionality are part and parcel of an attractive conception of constitutional rights.

Number of Pages in PDF File: 18

working papers series


Download This Paper

Date posted: June 13, 2013 ; Last revised: November 9, 2013

Suggested Citation

Möller, Kai, Proportionality and Rights Inflation (June 1, 2013). LSE Legal Studies Working Paper No. 17/2013. Available at SSRN: http://ssrn.com/abstract=2272979 or http://dx.doi.org/10.2139/ssrn.2272979

Contact Information

Kai Möller (Contact Author)
London School of Economics - Law Department ( email )
Houghton Street
London, WC2A 2AE
United Kingdom
HOME PAGE: http://www.lse.ac.uk/collections/law/staff/kai-moller.htm
Feedback to SSRN


Paper statistics
Abstract Views: 589
Downloads: 187
Download Rank: 93,991

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.406 seconds