Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

A Rule Based Model Of Balancing

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter presents a rule based model of balancing. Its features are: (a) Justifications of interferences with rights are assessed sequentially. (b) Each assessment step is governed by rules. (c) Missing rules may be found by applying non-deductive methods of legal reasoning. This rule based structure is also inherent to the last step of the proportionality principle. In contrast to Principle Theory, the rule based model is based on a satisficing ideal of decision making. This requires that the decision making process is broken down to simpler rules, which can be applied in a binary way. Finding rules based on principles does not work in the scheme of balancing but by having recourse to coherence, consistency and universalizability, i. e. striving for the formulation of universally applicable, operable rules that fit into the legal order and that serve as premises in deductive reasoning.

Keywords: balancing model; decision making process; rule based model

10.1163/ej.9789004182868.i-390.49
/content/books/10.1163/ej.9789004182868.i-390.49
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Proportionality, Fundamental Rights and Balance of Powers — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation