Balancing Test »
Pasquale De Sena, Lorenzo Acconciamessa
1 The balancing test is a judicial decision-making technique aimed at dealing with conflicts between two or more values, principles, legal interests, or policies. It is one of the so-called argumentative and ponderative judicial techniques aimed at reconciling competing principles and the values underlying them (Pino, 2014, 541). The adjudicator, in managing these conflicts, shall take into account all the relevant circumstances of the case and weigh the underlying competing interests and values. The outcome may be twofold: in some cases, one interest or value...
