• Media type: E-Book
  • Title: Right to Environment, Balancing of Competing Interests and Proportionality
  • Contributor: Mullerova, Hana [VerfasserIn]
  • imprint: [S.l.]: SSRN, 2019
  • Extent: 1 Online-Ressource (13 p)
  • Language: English
  • Origination:
  • 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
  • Access State: Open Access