Hobbes in the City – Hercules in the Courts A Reply to Tsakyrakis ’ Second Balancing Critique

Edinburgh Centre for Constitutional Law Seminar 

Matthias Klatt, Chair of Jurisprudence at the Faculty of Law, University of Graz. 

Proportionality-based balancing is the dominant method of rights reasoning nearly globally. Notwithstanding its triumphant success, scholars have raised numerous objections against it. One of the most important critical voices belonged to Stavros Tsakyrakis. In a widely discussed paper published in 2009 in the International Journal of Constitutional Law , he submitted that proportionality was nothing less than an assault on human rights, a critique he has renewed more recently.

In this paper, based on a recent book chapter which is available to pre-read for those interested, the speaker aims to demonstrate that Tsakyrakis ’ criticism goes astray.

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