1. Right to environment, balancing of competing interests and proportionality
- Creator:
- Hana Müllerová
- Format:
- print, bez média, and svazek
- Type:
- model:article and TEXT
- Subject:
- ochrana životního prostředí, veřejný zájem, environmental protection, public interest, right to environment, proportionality, balancing, conflicting interests, 16, and 34
- Language:
- English
- Description:
- 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., Hana Müllerová., and Obsahuje bibliografické odkazy
- Rights:
- http://creativecommons.org/publicdomain/mark/1.0/ and policy:public