Publication | Book Chapter

Theory and Philosophy of Law

Proportionality in law: an analytical perspective

Book title / Magazine:
Proportionality in Law: An Analytic Perspective
LPL Editor(s):
Jorge Silva Sampaio
External Editor(s):
David Duarte
Within the scope of the Project:
Lisbon Legal Theory
Research Areas:
Theory of Law
Bibliographic reference:
2018. Proportionality in Law: An Analytic Perspective. Edited by David Duarte and Jorge Silva Sampaio.
Research Group(s):
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
Ano: 2018

Synopsis

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.

Lisbon Public Law Research Centre

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