European Account on Human Rights, the Legislative Framework and the Doctrine of Proportionality: An Analytical Approach
Keywords:Doctrine of proportionality, European Convention on Human Rights, European judicial system, burden of proof, normativism
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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Copyright (c) 2021 Dr. Syed Raza Shah Gilani, Mr. Hidayat Ur Rehman, Mr. Abdus Samad Khan
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