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Proportionality

In David Dyzenhaus & Malcolm Thorburn (eds.), Philosophical Foundations of Constitutional Law. Oxford University Press UK (2016)

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  1. When Trumps Clash: Dworkin and the Doctrine of Proportionality.Jacob Weinrib - 2017 - Ratio Juris 30 (3):341-352.
    If there is one point on which defenders and critics of the doctrine of proportionality agree, it is that Dworkin's rights as trumps model stands as a radical alternative to the doctrine. Those who are sympathetic to proportionality reject the rights as trumps model for failing to acknowledge that there are conditions under which a right may be justifiably infringed. In turn, those who regard rights as trumps reject the doctrine of proportionality for failing to take rights seriously. This paper (...)
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