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Der Vorbehalt des Moglichen
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Lino Munaretto's study examines the legal significance of the concept of "proviso of the possible" from a theoretical and doctrinal perspective, arguing that the proviso is not only a limitation o...
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30 September 2022
Rights are costly. Not everything that is legally required can be optimally fulfilled because public resources are scarce. The "proviso of the possible" functions as resource constraint in fundamental rights doctrine. Lino Munaretto's study examines the legal significance of this key concept from a theoretical and doctrinal perspective, arguing that the proviso is not only a limitation of rights, but also a margin of appreciation that points to the democratic contingency of political decisions in distributive conflicts.
Price: £126.00
Publisher: Mohr Siebeck
Imprint: Mohr Siebeck
Publication Date:
30 September 2022
ISBN: 9783161617447
Format: Hardcover
BISACs:
LAW / Administrative Law & Regulatory Practice, LAW / Constitutional, LAW / International, LAW / Jurisprudence, LAW / Public, LAW / Government / State, Provincial & Municipal, Law, Methods, theory and philosophy of law, Public international law, Constitutional and administrative law: general