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Title:

Analiza proporcjonalności ograniczeń konstytucyjnych praw i wolności. Teoria i praktyka

Creator:

Śledzińska-Simon, Anna

ORCID:

0000-0002-4202-5260

Subject and Keywords:

Constitutional Tribunal   Poland   proportionality analysis   justifications of court decisions   culture of justifications   constitutional rights and freedoms   principle of proportionality

Abstract:

The modern discourse on human rights concerns at its core the theory and practice of applying the principle of proportionality as a criterion for assessing restrictions imposed on individual rights and freedoms. Proportionality analysis is a process of practical reasoning, which helps courts to settle conflicts between the protection of constitutional rights and freedoms and other constitutional values, but it is also an element of a specific culture of court justifications. The book draws attention to the legitimizing function of proportionality analysis as a recognized judicial standard, which follows the adoption of a specific structure of rights, but should also result in the adoption of a specific structure of court justifications. The book presents conclusions on the role of particular elements of proportionality analysis that were based on qualitative and quantitative studies of the jurisprudence of the Constitutional Tribunal in Poland. These studies were aimed to answer the question of how to build a strong constitutional court whose authority will act as a brake on the executive and legislative powers, and at the same time to ensure its strong social legitimacy. One of the answers to this question points to the limiting role of proportionality analysis in the structure of justifications for court decisions.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Sadurski, Wojciech. Rec.

Date issued:

2019

Detailed Type:

e-book

Identifier:

ISBN 978-83-66066-56-4

DOI:

10.34616/23.19.020

Language:

pol

Relation:

(E-Monografie ; No. 140)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Anna Śledzińska-Simon

Autor opisu:

TK