Interlegal Balancing A Concept, Two Contexts, Some Circumstances
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Abstract
First, I briefly conceptualize interlegal balancing. Then, I distinguish among “horizontal constellationsµ and “multilevel settingsµ, focusing mainly on some notorious developments of interlegal balancing in multilevel settings. Finally, I conjecture some circumstances which enable interlegal balancing and others which may tend to make its use less prone to abuse.
Keywords
- Interlegal Balancing
- Inter-legality
- Proportionality
- Pluralist Jurisprudence
- Constitutional Pluralism
