European Account on Human Rights, the Legislative Framework and the Doctrine of Proportionality: An Analytical Approach

Authors

  • Dr. Syed Raza Shah Gilani Assistant Professor at the Department of Law, Abdul Wali Khan University Mardan. 
  • Mr. Hidayat Ur Rehman (https://orcid.org/0000-0002-7345-4236) Assistant Professor at the Department of Law, Abdul Wali Khan University Mardan. 
  • Mr. Abdus Samad Khan Assistant Professor at the Department of Law, Abdul Wali Khan University Mardan. 

Keywords:

Doctrine of proportionality, European Convention on Human Rights, European judicial system, burden of proof, normativism

Abstract

The research article is a detail account on the doctrine of proportionality and its relationship with the human rights and its legal construction in Europe. The study based on an analytical approach to understand the philosophy of the doctrine. Its purpose is to examine the principle of proportionality in protecting human rights from abuses and exploitation in a manner that is in accord with democracy. As the proportionality provide a methodological framework for structuring transparent decisions about the contesting constitutional rights (for e.g., between state and freedom of press). The aim of the article is to analysed the subject from different perspectives, which will give a clear picture of this doctrine. Furthermore, the critics of the doctrine have also been taken, to argue on the doctrine of proportionality as a broader notion implementing as an assessment in judicial review. It also aims to examine alternate interpretations of the implementation of proportionality.

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Author Biography

Mr. Hidayat Ur Rehman (https://orcid.org/0000-0002-7345-4236), Assistant Professor at the Department of Law, Abdul Wali Khan University Mardan. 

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Published

2021-12-31

How to Cite

Dr. Syed Raza Shah Gilani, Mr. Hidayat Ur Rehman (https://orcid.org/0000-0002-7345-4236), and Mr. Abdus Samad Khan. “European Account on Human Rights, the Legislative Framework and the Doctrine of Proportionality: An Analytical Approach”. Journal of European Studies (JES) 38, no. 1 (December 31, 2021): 33–47. Accessed June 30, 2022. https://asce-uok.edu.pk/journal/index.php/JES/article/view/226.