The Annals of Legal Philosophy
Online ISSN : 2435-1075
Print ISSN : 0387-2890
Principle of Proportionality
Arguments for and against Robert Alexy's Theory of Constitutional Rights
Mitsuhiro MATSUBARA
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JOURNAL OPEN ACCESS

2011 Volume 2010 Pages 176-187

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Abstract
A central element of Robert Alexy's theory of constitutional rights is his principle of proportionality. This includes analytically an understanding of basic rights as principle, which is supposed to resolve both the tension between democracy and constitutional court and the problem of collision between public interest and basic rights. The article begins with an outline of this theory and the objections which have been raised by numerous domestic authors. It then takes up the principle of proportionality from the global point of view.
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© 2011 The Japan Association of Legal Philosophy
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