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Rescuing Human Rights from Proportionality

Cruft, Liao, Renzo (Eds.) Philosophical Foundations of Human Rights (Oxford University Press, 2014)

King's College London Law School Research Paper No. 2014-14

30 Pages Posted: 12 Jan 2014 Last revised: 2 Feb 2015

Guglielmo Verdirame

King's College London – The Dickson Poon School of Law; King's College London

Date Written: January 11, 2014

Abstract

The principle of proportionality has enjoyed extraordinary success over the last decades: it has become a staple of international and constitutional adjudication on fundamental rights; it has been espoused by civil and common law judges alike, and described as the “principle of principles” and the “ultimate rule of law”. But what does proportionality mean for the idea of human rights? Can it be based on anything other than a utilitarian conception of rights?

Suggested Citation

Verdirame, Guglielmo, Rescuing Human Rights from Proportionality (January 11, 2014). Cruft, Liao, Renzo (Eds.) Philosophical Foundations of Human Rights (Oxford University Press, 2014); King's College London Law School Research Paper No. 2014-14. Available at SSRN: https://ssrn.com/abstract=2377755 or http://dx.doi.org/10.2139/ssrn.2377755

Guglielmo Verdirame (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

King's College London ( email )

King's College London, Strand
London, WC2R 2LS
United Kingdom

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