Balancing may be everywhere, but the proportionality test is not
نویسندگان
چکیده
Abstract The relationship between balancing and proportionality has not always been clear. Because part of the literature falls short adequately differentiating two tools, many people have become conditioned to see an instance whenever word ‘balancing’ is dropped. As a consequence, ubiquity brought about feeling that equally ubiquitous. In this article, I show test necessarily linked judicial review how link key understanding why every cannot be as ubiquitous claimed. This only analytical relevance, but also institutional consequences.
منابع مشابه
“Not Everything That Is Faced Can Be Changed, but Nothing Can Be Changed Until It Is Faced”: A Response to Recent Commentaries
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ژورنال
عنوان ژورنال: Global constitutionalism
سال: 2023
ISSN: ['2045-3817', '2045-3825']
DOI: https://doi.org/10.1017/s2045381723000187