Proportionality, comparability, and parity: a discussion on the rationality of balancing
This article analyses the rationality of the principle of proportionality as a justificatory method for solving cases involving conflicts of constitutional principles. It addresses what I call ‘the problem of comparability’: a set of arguments claiming that proportionalists are getting wrong what ha...
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| Format: | Journal article |
| Language: | English |
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Cambridge University Press
2024
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