INVESTIGADORES
DE FAZIO Federico Leandro
capítulos de libros
Título:
Proportionality Test and Constitutional Social Rights
Autor/es:
DE FAZIO, FEDERICO LEANDRO
Libro:
Proportionality, Balancing and Rights
Editorial:
Springer
Referencias:
Lugar: Cham; Año: 2021; p. 197 - 213
Resumen:
The purpose of this article is to make a rational reconstruction of the use of the proportionality test in contexts of judicial adjudication of constitutional social rights. This reconstruction will be developed in two stages. First, I will deal with the question of whether the proportionality test in its variation regarding omission (that is, in cases of positive rights) does or does not exhibit a different structure with respect to its (better known and developed) variation regarding excess (that is, in cases of negative rights). Second, I will describe the rules and forms of argumentation implied in the use of the proportionality test regarding omission, which constitute their respective sub-tests of suitability, necessity and proportionality stricto sensu. Lastly, I will present a brief summary as conclusion.
