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Constitutional Tribunal Poland proportionality analysis justifications of court decisions culture of justifications constitutional rights and freedoms principle of proportionality

The modern discourse on human rights concerns at its core the theory and practice of applying the principle of proportionality as a criterion for assessing restrictions imposed on individual rights and freedoms. Proportionality analysis is a process of practical reasoning, which helps courts to settle conflicts between the protection of constitutional rights and freedoms and other constitutional values, but it is also an element of a specific culture of court justifications. The book draws attention to the legitimizing function of proportionality analysis as a recognized judicial standard, which follows the adoption of a specific structure of rights, but should also result in the adoption of a specific structure of court justifications. The book presents conclusions on the role of particular elements of proportionality analysis that were based on qualitative and quantitative studies of the jurisprudence of the Constitutional Tribunal in Poland. These studies were aimed to answer the question of how to build a strong constitutional court whose authority will act as a brake on the executive and legislative powers, and at the same time to ensure its strong social legitimacy. One of the answers to this question points to the limiting role of proportionality analysis in the structure of justifications for court decisions.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Sadurski, Wojciech. Rec.

ISBN 978-83-66066-56-4

10.34616/23.19.020

(E-Monografie ; No. 140)

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