Proper proportions of law : justifying democratic credentials of proportionality analysis in constitutional adjudication
When scholars speak of proportionality, they most likely speak of the multi-pronged analytical frame for norm-based argumentation — which it certainly is. Indeed, be it the Canadian Oakes test or European “fair balance,” proportionality is deemed to be “the best possible” discursive technique to ach...
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| Language: | English |
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University of British Columbia
2013
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| Online Access: | http://hdl.handle.net/2429/45345 |