Essays on Freedom and Proportionality (Hart Studies in Constitutional Theory) - Hardcover

Hardcover

ISBN 10: 150997380X ISBN 13: 9781509973804

Publisher: Hart Publishing (UK), 2025

Synopsis

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, John 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.

About this title

About the Author

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

Edition details

• Publisher: Hart Publishing (UK)
• Publication date: 2025
• Language: English
• ISBN 10: 150997380X
• ISBN 13: 9781509973804
• Binding: Hardcover
• Number of pages: 248
• Editor: Dimitrios Kyritsis