03510nam 2200529 450 991045986370332120200909225244.090-04-28947-X10.1163/9789004289475(CKB)3710000000376201(MiAaPQ)EBC2006477(OCoLC)903213005(OCoLC)905487169(nllekb)BRILL9789004289475(PPN)195379497(Au-PeEL)EBL2006477(CaPaEBR)ebr11039180(CaONFJC)MIL760521(OCoLC)908064134(EXLCZ)99371000000037620120150411h20152015 uy 0engurcnu||||||||rdacontentrdamediardacarrierThe function of proportionality analysis in European law /Tor-Inge HarboLeiden, Netherlands ;Boston, [Massachusetts] :Brill Nijhoff,2015.©20151 online resource (349 pages)Nijhoff Studies in EU Law,2210-9765 ;Volume 890-04-27788-9 Includes bibliographical references and index.Preliminary Material -- Introduction -- pa in eu Law -- pa in echr Law -- Conclusions to Part 1 -- uk Courts and pa -- Norwegian Courts and pa -- Conclusions to Part 2 -- pa: Between Rationality and Reasonableness -- pa: Between Substance and Procedure -- pa and the Role of Courts -- pa as a (General) Principle of Law -- pa and the Rule of Law -- Conclusions to Part 3 -- Conclusions with Resolutions -- Bibliography -- Index.The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.Nijhoff studies in EU law ;Volume 8.Proportionality in lawEuropeElectronic books.Proportionality in law340/.11Harbo Tor-Inge892242MiAaPQMiAaPQMiAaPQBOOK9910459863703321The function of proportionality analysis in European law1992419UNINA