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In this chapter, the author tries to show how determinations of fact figure in each of the four sub-tests of proportionality, as a tool in judicial review in legislation. It argues that constitutional facts, even case-specific ones, are necessary to reach adequate judgments grounded on proportionality.

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Proportionality and Constitutional Facts

  • 章节

  • 发表日期：

    2026年

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  • Luiz Guilherme Marinoni

摘要

In this chapter, the author tries to show how determinations of fact figure in each of the four sub-tests of proportionality, as a tool in judicial review in legislation. It argues that constitutional facts, even case-specific ones, are necessary to reach adequate judgments grounded on proportionality.