Alternatives to weighting. Susan L. Hurley’s model

Authors

  • DAVID MARTÍNEZ ZORRILLA

Keywords:

Balancing. Constitutional principles. Proportionality. Normative conflicts.

Abstract

Usually, when thinking about balancing as a method for solving conflicts between principles, it»s conceived in terms of the proportionality principle, to the extent that sometimes both concepts are treated as synonyms. Nevertheless, there»s no conceptual link between balancing and the proportionality principle, and other alternative methods are possible. Among those, Susan L. Hurley»s is especially interesting. This paper tries to show that this model can be an interesting alternative to the proportionality principle and that, at least in certain aspects which are related to the possibility of using the results of the balancing process as guidelines for future situations of conflict, the former is more satisfactory than the latter.

Published

2009-09-04

Issue

Section

STUDIES