Kai Moller (LSE) Proportionality and the Global Model of Constitutional Rights, který se koná v pátek 26. února v místnosti č. 38 od 10:00 hod na Prf UK
10:00 - 11:30
Keynote přednáška Kai Moller (LSE) (diskusant George Pavlakos (ÚSP AV ČR, University of Glasgow, School of Law) ) + diskuze
11:30 - 12:00
coffee break / neformální diskuze
12:00 - 12:40
Pavel Ondřejek: Balancing: Key Argument of Constitutional Review in the Age of Proportionality+ diskuze
12:40 - 13:00
Zdeněk Červínek: TBA + diskuze
13:00 - 13:30
Proportionality and the Global Model of Constitutional Rights
Proportionality is widely considered to be the most important doctrine of constitutional law around the globe. But what is the point of the principle of proportionality? In my presentation I will argue that proportionality has to be considered in conjunction with the other features of what I have called ‘the global model of constitutional rights’: rights inflation, vertical as well as horizontal effect of rights, and negative and positive obligations, including social rights. The global model of constitutional rights is best explained as being concerned with the protection of every person’s autonomy: the point of rights is not to disable the state in certain ways, but rather to enable every person to live his or her life autonomously. Every person’s autonomy is limited by every other person’s equal claim to autonomy; hence, the point of state policies is to resolve conflicts of autonomy interests and to specify the spheres ofautonomy of equal citizens. Proportionality offers a useful structure that guides judges in their inquiry as to whether a given policy resolves a conflict of autonomy interests in a reasonable way.
Kai Möller is an Associate Professor of Law at the LSE. Before joining the Law Department in 2009, he was a Junior Research Fellow and previously a Lecturer in Jurisprudence at Lincoln College, University of Oxford. He holds M.Jur., M.Phil. and D.Phil. degrees from Oxford and a PhD in law from Freiburg University. He is also qualified for the German bar.