作者
Francisco Urbina
发表日期
2014/1/1
期刊
International Journal of Constitutional Law
卷号
12
期号
1
页码范围
214-221
出版商
Oxford University Press
简介
In a recent issue of I. CON, Kai Möller offered an account and comprehensive defense of the proportionality test. His account of proportionality succeeds in avoiding some of the standard objections made against proportionality. Here I want to show some potential deficiencies of this account of proportionality. I argue that it could leave judges undirected by the law, and that this would greatly undermine legal adjudication’s ability to realize justice and other important values in concrete cases.
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