Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights
Sign Up to like & getrecommendations! Published in 2023 at "Human Rights Law Review"
DOI: 10.1093/hrlr/ngad014
Abstract: I argue that a form of indirect utilitarianism can provide a sufficiently plausible justification for three crucial elements of the ECtHR’s doctrine of proportionality to be taken seriously as an account of this doctrine. I… read more here.
Keywords: proportionality; stringency utility; court; human rights ... See more keywords