Proportionality in the law and reasonableness in the interpretation of the law: tensions and relations
Abstract
The purpose of this paper is to examine the connections between the principle of proportionality and the principle of reasonableness. Three relationships will be proposed that will be presented through three central theses. The first thesis refers to the functioning of the two principles (thesis of subsidiarity). The second thesis is about the implicit conditions for the operation of both tools (thesis of the connection between proportionality, reasonableness and doctrine of double effect). The third thesis refers to the foundation of one and another principle (thesis of the common foundation). The study of these three relationships will be preceded by an exposition of the content and scope of the principle of reasonableness. The principle of proportionality, because it is more widespread, will be treated in a synthetic way.
Received: 30 October 2018
Accepted: 21 Npvember 2018
Published online: 27 December 2018
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Last update: 08/02/2022
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