Rescuing Human Rights from Proportionality
Cruft, Liao, Renzo (Eds.) Philosophical Foundations of Human Rights (Oxford University Press, 2014)
30 Pages Posted: 12 Jan 2014 Last revised: 2 Feb 2015
Date Written: January 11, 2014
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?
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