Tag Archives: balancing

I•CON Debate! Proportionality: An assault on human rights?: A rejoinder to Madhav Khosla

Posted on November 13, 2010 by stavrostsakyrakis

Stavros Tsakyrakis[*] In his interesting and thoughtful defence of proportionality, Madhav Khosla concedes that “certain types of balancing [are] objectionable”. He cites with approval the Israeli Supreme Court decision in Public Committee Against Torture in Israel, which affirmed a blanket … Continue reading →

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Proportionality: An assault on human rights?

Posted on November 13, 2009 by stavrostsakyrakis

Stavros Tsakyrakis[1] Balancing is the main method used by a number of constitutional courts around the world to resolve conflicts of fundamentals rights. The European Court of Human Rights routinely balances human rights against each other and against conflicting public … Continue reading →

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