Number of the records: 1  

Right to Environment, Balancing of Competing Interests and Proportionality

  1. 1.
    0490300 - ÚSP 2019 RIV CZ eng J - Journal Article
    Müllerová, Hana
    Right to Environment, Balancing of Competing Interests and Proportionality.
    The Lawyer Quarterly. Roč. 8, č. 2 (2018), s. 129-141. ISSN 1805-8396. E-ISSN 1805-840X
    Institutional support: RVO:68378122
    Keywords : environmental protection * proportionality * balancing * right to environment * public interest * conflicting interests
    OECD category: Law

    Addressing collisions between environmental protection and competing economic and social interests often constitutes the very core of environmental cases. At the constitutional level, a balancing approach based on the doctrine of proportionality is frequently employed to resolve contradictions between conflicting values. In this article, I demonstrate how the proportionality doctrine in its traditional meaning can be applied to balancing interests in environmental cases. Then I bring to the forefront two innovative ways of engaging proportionality in the environmental protection, one employing proportionality as an interpretative instrument with the power to help determining the scope and content of the right to environment, and the other adjusting proportionality to the form of eco-proportionality, offering a restructured framework to rule the human-nature relationship.
    Permanent Link: http://hdl.handle.net/11104/0284560

     
    FileDownloadSizeCommentaryVersionAccess
    4-TLQ_c2_r18_mullerova_web.pdf6162.9 KBPublisher’s postprintopen-access
     
Number of the records: 1  

  This site uses cookies to make them easier to browse. Learn more about how we use cookies.