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Chapter Summary

This chapter presents the summary of the book, which aims at analyzing the conditions for invalidating legislative Community acts on grounds of a violation of fundamental rights and the proportionality principle. How fundamental rights and proportionality are applied and how large the discretion for legislators is, depends on a conception of balancing. Therefore, the book effectively discusses balancing approaches of various courts, Principle Theory, and the minimal position approach. This discussion is based on some general requirements of legal reasoning. The chapter also presents an overview of how the other chapters of the book are organised.

Keywords: balancing approaches; fundamental rights; principle theory; proportionality principle

10.1163/ej.9789004182868.i-390.57
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dcterms_subject,pub_keyword
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