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 applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Publication | Book Chapter
Theory and Philosophy of Law
Proportionality in law: an analytical perspective
Book title / Magazine:
Proportionality in Law: An Analytic Perspective
Proportionality in Law: An Analytic Perspective
LPL Editor(s):
Jorge Silva Sampaio
Jorge Silva Sampaio
External Editor(s):
David Duarte
David Duarte
Within the scope of the Project:
Lisbon Legal Theory
Lisbon Legal Theory
Research Areas:
Theory of Law
Theory of Law
Bibliographic reference:
2018. Proportionality in Law: An Analytic Perspective. Edited by David Duarte and Jorge Silva Sampaio.
2018. Proportionality in Law: An Analytic Perspective. Edited by David Duarte and Jorge Silva Sampaio.
Research Group(s):
Theory and Philosophy of Law
Theory and Philosophy of Law
Hardcover: 978-3-319-89646-5 ; Softcover: 978-3-030-07823-2 ; eBook: 978-3-319-89647-2
Publishing company: Springer
Year: 2018
