Rights in the Balance
Rights in the Balance, Review of Francisco J. Urbina, A Critique of Proportionality and Balancing, 23 REV. CONST. STUD. 225 (2018).
10 Pages Posted: 7 Jan 2021
Date Written: 2017
Francisco J. Urbina’s Critique of Proportionality and Balancing promises “a comprehensive critique of the proportionality test.” The critique of proportionality offered in this important book is thoughtful and wide-ranging. Certainly it won’t settle the debates over proportionality, but by making his case in detail, Urbina throws into relief some core differences that underlie the disagreements between proportionality fans and critics. Ultimately, in my view, proportionality comes out looking better than the alternative. Urbina’s critique ends up highlighting features of his own conception of rights and rights review that I anticipate many readers will reject as unreasonable.
Keywords: proportionality, constitutional rights, justification, balancing, incommensurability, judicial review, constitutionalism
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