Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 12 Dec 16/Jan 17

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 7: 2016

The UK Supreme Court Yearbook Volume 7: 2016

Edited by: Daniel Clarry, Christopher Sargeant
Price: £90.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


A Critique of Proportionality and Balancing

Image not available lge

ISBN13: 9781107175068
To be Published: January 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00

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 limits.

Image not available lge
Human Rights and Civil Liberties
1. Introduction

Part I:
2. The maximisation account of proportionality
3. The incommensurability objection
4. Why proportionality?
5. Proportionality, rights, and legitimate interests

Part II:
6. Proportionality as unconstrained moral reasoning
7. The need for legal direction in adjudication
8. Proportionality and the problems of legally unaided adjudication

Part III:
9. Legal human rights.