A critical analysis of the proportionality test in human rights adjudication
In this thesis I argue against the proportionality test in human rights adjudication, and provide a framework for understanding the proportionality debate. I identify two accounts of proportionality. One sees proportionality as a doctrinal tool aimed at maximising rights and public interests. The ot...
Main Authors: | Urbina, F, Francisco Urbina |
---|---|
Other Authors: | Finnis, J |
Format: | Thesis |
Language: | English |
Published: |
2013
|
Subjects: |
Similar Items
-
Law and religious organizations: exceptions, non-interference and justification
by: Norton, JE
Published: (2012) -
The effect of the institutional features of the Indian system of personal laws on personal religious autonomy
by: Ahmed, F
Published: (2008) -
Kelsen and Raz on the continuity of legal systems: applying the accounts in an Australian context
by: Spagnolo, B
Published: (2013) -
An autonomy-based foundation for legal protection against discrimination
by: Khaitan, T
Published: (2010) -
The bases for the authority of the Australian Constitution
by: Daley, J
Published: (1999)