The Aim of this paper is modest. I endeavor to: 1) Provide a reconstruction of three of the most prominent theories of judicial balancing; 2) Analyze some of their basic presuppositions, focusing of the problem of value judgments, the opposition between particularism and universalism and the concept of concretization.
Three Theories of Judicial Balancing. A Comparison.
SARDO A
2011-01-01
Abstract
The Aim of this paper is modest. I endeavor to: 1) Provide a reconstruction of three of the most prominent theories of judicial balancing; 2) Analyze some of their basic presuppositions, focusing of the problem of value judgments, the opposition between particularism and universalism and the concept of concretization.
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