"A plea for proportionality: A reply to Yun-chien Chang and Xin Dai"

Michigan Law Authors
Publish Date
2021
Publication
International Journal of Constitutional Law
Publication Type
Journal Article
Abstract

In this article, we analyze Yun-chien Chang and Xin Dai’s proposal for replacing the proportionality test with cost-benefit analysis in their article “The Limited Usefulness of the Proportionality Principle.” We assess this proposal by considering the objections generally raised against the proportionality test. We claim that such objections also apply to cost-benefit analysis, thus raising concerns about its adequacy for rights adjudication.

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