Rights in the Balance

Rights in the Balance, Review of Francisco J. Urbina, A Critique of Proportionality and Balancing, 23 REV. CONST. STUD. 225 (2018).

10 Pages Posted: 7 Jan 2021

Date Written: 2017

Abstract

Francisco J. Urbina’s Critique of Proportionality and Balancing promises “a comprehensive critique of the proportionality test.” The critique of proportionality offered in this important book is thoughtful and wide-ranging. Certainly it won’t settle the debates over proportionality, but by making his case in detail, Urbina throws into relief some core differences that underlie the disagreements between proportionality fans and critics. Ultimately, in my view, proportionality comes out looking better than the alternative. Urbina’s critique ends up highlighting features of his own conception of rights and rights review that I anticipate many readers will reject as unreasonable.

Keywords: proportionality, constitutional rights, justification, balancing, incommensurability, judicial review, constitutionalism

Suggested Citation

Mathews, Jud, Rights in the Balance (2017). Rights in the Balance, Review of Francisco J. Urbina, A Critique of Proportionality and Balancing, 23 REV. CONST. STUD. 225 (2018)., Available at SSRN: https://ssrn.com/abstract=3723848

Jud Mathews (Contact Author)

Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

HOME PAGE: http://https://pennstatelaw.psu.edu/faculty/mathews

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