Footnote:
In: MÜLLEROVÁ, H. Right to Environment, Balancing of Competing Interests and Proportionality. The Lawyer Quarterly. 2018, no. 2 (Vol. 8), p. 129–141. ISSN 1805-840X
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments January 31, 2018 erstellt
Description:
Addressing collisions between environmental protection and competing economic and social interests often constitutes the very core of environmental cases. At the constitutional level, a balancing approach based on the doctrine of proportionality is frequently employed to resolve contradictions between conflicting values. In this article, I demonstrate how the proportionality doctrine in its traditional meaning can be applied to balancing interests in environmental cases. Then I bring to the forefront two innovative ways of engaging proportionality in the environmental protection; one employing proportionality as an interpretative instrument with the power to help determining the scope and content of the right to environment; and the other adjusting proportionality to the form of eco-proportionality, offering a restructured framework to rule the human-nature relationship