00000nam 2200000 4500 INLIS000000000009853 20221031045757 0010-0520009853 221031################|##########|#eng## 9781107175068 eng 342.08 342.08 URB c Urbina, Fransisco J. Critique of Proportionality and Balancing / Fransisco J. Urbina New York : Cambridge University Press, 2017 The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limit Proportionality in law Human rights 267 26498/MKRI-P/XII-2018 26498/MKRI-P/XII-2018