Number of the records: 1
Right to Environment, Balancing of Competing Interests and Proportionality
- 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
File Download Size Commentary Version Access 4-TLQ_c2_r18_mullerova_web.pdf 6 162.9 KB Publisher’s postprint open-access
Number of the records: 1