The principle of proportionality: The challenges of human rights
J Cianciardo - J. Civ. L. Stud., 2010 - HeinOnline
J. Civ. L. Stud., 2010•HeinOnline
The purpose of the present paper can be synthesized in the following points: a) to expose
the concept of the principle of proportionality in its broadest sense and its different
components or dimensions; b) to draw the attention to an approach which is usually not
studied by authors, that is, the fact that the application of the principle is not enough to
guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out
those requirements that could protect proportionality from the risk mentioned in b).
the concept of the principle of proportionality in its broadest sense and its different
components or dimensions; b) to draw the attention to an approach which is usually not
studied by authors, that is, the fact that the application of the principle is not enough to
guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out
those requirements that could protect proportionality from the risk mentioned in b).
The purpose of the present paper can be synthesized in the following points: a) to expose the concept of the principle of proportionality in its broadest sense and its different components or dimensions; b) to draw the attention to an approach which is usually not studied by authors, that is, the fact that the application of the principle is not enough to guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out those requirements that could protect proportionality from the risk mentioned in b).
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