Verhältnismäßigkeit und Verfassungsgerichte als Rechtfertigungsinstanzen

The context of this book is the widespread use of proportionality and balancing of principles in several legal systems. Its main aim is to discuss why and under which conditions these techniques may improve the constitutional review process.
It also addresses the issue of how legal arguments and institutional factors interact in constitutional reasoning, analysing the main theses of academic debate such as "judicial deference". The book proposes an original contribution to improving proportionality review that incorporates into its structure arguments on democratic legitimacy, technical capacity, or institutional competence.