Proportionality in Law An Analytical Perspective
This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be app
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portionality in Law An Analytical Perspective
Proportionality in Law
David Duarte • Jorge Silva Sampaio Editors
Proportionality in Law An Analytical Perspective
123
Editors David Duarte Public Law Department University of Lisbon School of Law Lisbon, Portugal
Jorge Silva Sampaio Public Law Department University of Lisbon School of Law Lisbon, Portugal
ISBN 978-3-319-89646-5 ISBN 978-3-319-89647-2 (eBook) https://doi.org/10.1007/978-3-319-89647-2 Library of Congress Control Number: 2018948209 © Springer International Publishing AG, part of Springer Nature 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by the registered company Springer International Publishing AG, part of Springer Nature. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Introduction
As is well known, the principle of proportionality is currently one of the most important instruments of judicial review of legal acts. However, the truth is that, even today, it still raises many questions, which, more recently, has generated prolific international discussion on the subject. In a context where both its field of application and criticism of its judicial use continue to increase, the present book addresses the issue directly or indirectly so as to allow a better theoretical understanding of proportionality.1 In this context and firstly, the articles contained in the book address some of the criticisms that have been directed at the proportionality norm, mainly related to its structure, as well as to the balancing process that is invoked whenever one speaks of proportionality and fundamental rights. In addition, it is also important to stress that the main perspective adopted in the book is an analytical one, as well as one of theory of law. Therefore, one may find in it a more comprehensive anal
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