1 The so-called balancing test, a judge-made doctrine (see discussion Alexy, 2003, 141), is an element of the principle of proportionality. The principle of proportionality is found in different areas of international and domestic law and many argue that it is a general principle of international law (Christoffersen, 2009, 200). According to the principle of proportionality, a State’s acts must be a rational and reasonable exercise of means towards achieving a permissible goal, without unduly encroaching on the protected rights of either an individual or another...
Users without a subscription are not able to see the full
to access all content.