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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Balancing Test: African Court on Human and Peoples’ Rights (ACtHPR)

Adamantia Rachovitsa

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Margin of appreciation — Proportionality — Judicial reasoning

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

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...
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