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Proportionality, Balancing, and the Cult of Constitutional Rights Scholarship

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References

1988The Morality of Freedom2,895 cited
1987Constitutional Law in the Age of Balancing398 cited
2006Is Democracy Possible Here?391 cited
2003On Balancing and Subsumption. A Structural Comparison350 cited
2003Constitutional Rights, Balancing, and Rationality276 cited
2004The Ultimate Rule of Law270 cited
1993A Right-Based Critique of Constitutional Rights265 cited
2005Balancing, constitutional review, and representation194 cited

Cited by

2017A Critique of Proportionality and Balancing108 cited
2014Proportionality and Incommensurability74 cited
2015Bills of Rights in the Common Law66 cited
2015Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy56 cited
2014Proportionality and the Question of Weight27 cited
2022Combating Poverty and Social Exclusion in European Union Law23 cited
2016Facts, Preferences, and Doctrine: An Empirical Analysis of Proportionality Judgment16 cited
2019Proportionality and Justification

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15 cited

2022Framing Effects in Proportionality Analysis: Experimental Evidence1 cited