(Download) "Why Courts should Not Balance Rights Against the Public Interest." by Melbourne University Law Review * eBook PDF Kindle ePub Free

eBook details

Title: Why Courts should Not Balance Rights Against the Public Interest.
Author : Melbourne University Law Review
Release Date : January 01, 2007
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 327 KB

Description

[Most bills of rights allow for the restriction of rights in the interests of the public. But how should courts decide when the public interest should prevail? This article draws on philosophical work on practical reasoning to argue against the popular view that courts should use a balancing test which weighs the consequences of protecting the right against the consequences of restricting it. Using two United Kingdom cases as illustrations, it argues that there are good reasons to 'overprotect' rights. Judges, in their reasoning, should assign more weight to rights and less weight to the public interest than they would on an application of the balancing model.] I LIMITS ON RIGHTS