The Constitutional Structure of Proportionality

Matthias Klatt · Moritz Meister

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Comparative constitutional jurisprudence studies Discrimination and Equality Law Legal Rights and Human Rights

Abstract

Introduction 1. The Structure of the Proportionality Test 2. Rights, Interests, and Trumps 3. The Method of Balancing 4. Discretion and Deference 5. Positive Rights and Proportionality Analysis 6. Epistemic Reliabilities in Proportionality Analysis 7. Case Analysis: Otto-Preminger-Institut v Austria 8. Results

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