Tag Archives: Proportionality

Disproportionate Individualism

  A tale of two societies  Since at least the publication of Alexis de Tocqueville’s famous work Democracy in America, common wisdom has it that the USA is par excellence an individualistic society.[1] The judiciary has had more than a … Continue reading

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Neutrality in the classroom

      Dimitrios Kyritsis, Lecturer in Law at the University of Sheffield Stavros Tsakyrakis, Professor of Constitutional Law at the University of Athens     In Lautsi v. Italy the Grand Chamber of the European Court of Human Rights … Continue reading

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Disproportionate Individualism

When talking about human rights, many theorists in Europe and elsewhere prefer the term individual rights. I always considered this terminology unfortunate but contemporary human rights theory and practice, notably adjudication, makes it seem more apt. Indeed, the underlying philosophy … Continue reading

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Total Freedom: the Morality of Proportionality

Stavros Tsakyrakis [1] Introduction Are the doctrines we employ in human rights adjudication true to the importance of human rights norms? This question is pressed upon us by the growing popularity, in recent years, of the proportionality test in many … Continue reading

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

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?

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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