Rights, Balancing, and Proportionality
15 Pages Posted: 14 Nov 2019
Date Written: October 1, 2019
A sympathetic examination of Stavros Tsakyrakis' critique of the principle of proportionality in human rights law. Offers an alternative account of rights according to which the content of rights includes norms that are justified through a process of balancing interests, but rights themselves are not in general balanced against interests or against other rights.
Keywords: rights, proportionality, balancing, Tsakyrakis, Alexy
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