This open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning. It asks: Is the proportionality test committed to a particular philosophical conception of freedom? Some contributors argue that proportionality subscribes to a morally defensible 'right to everything'. Others see in this a serious shortcoming of contemporary proportionality discourse. They claim instead that fundamental rights doctrine should abandon proportionality and adopt a less individualistic notion of freedom that is inherently limited by the reasonable interests of others. The volume showcases novel attempts to combine proportionality and freedom that are inspired by Kant, Rawls and Bernard Williams. It also situates its central question within debates about the legitimacy of judicial power and considers the use of proportionality analysis by the courts to resolve pivotal issues about the meaning of human rights. Individual chapters are in dialogue with each other, offering readers a holistic examination of this important issue of human rights theory and practice. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives.

About the Author
Dimitrios Kyritsis is Professor of Law at the University of Essex, UK


Book Information
ISBN 9781509973804
Author Dr Dimitrios Kyritsis
Format Hardback
Page Count 272
Imprint Hart Publishing
Publisher Bloomsbury Publishing PLC