A Theory of Constitutional Rights¶
Alexy, R. (2002). A Theory of Constitutional Rights. Oxford University Press.
Cited by¶
3 citations across 1 artifact.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Proportionality
- Proportionality is a fundamental legal and ethical principle requiring that the means deployed by an actor—whether state, corporation, regulator, or organization—must be commensurate with the legitimate aim pursued, as Alexy (2002) develops in his theory of constitutional rights as principles to be reconciled through proportionality.
This sourceFoundational treatment of constitutional rights as principles to be reconciled through proportionality; develops the principle that means must be commensurate with the legitimate aim pursued.
- Suitability asks, in Alexy's (2002) formulation of the rational-connection prong: do the chosen means causally advance the aim?
This sourceDevelops the rational-connection (suitability) prong as a low causal-relationship threshold: any plausible causal pathway from means to legitimate aim suffices.
- The final prong weighs the importance of the aim against the severity of infringed rights, the explicit balancing operation Alexy (2002) formalizes through the "Weight Formula" governing competing constitutional principles.
This sourceFormalizes the fourth-stage balancing operation through the "Weight Formula," in which competing constitutional principles are weighted by abstract importance and concrete intensity of interference.
- Proportionality is a fundamental legal and ethical principle requiring that the means deployed by an actor—whether state, corporation, regulator, or organization—must be commensurate with the legitimate aim pursued, as Alexy (2002) develops in his theory of constitutional rights as principles to be reconciled through proportionality.
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