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  1. How Should Claims For Religious Exemptions Be Weighed?Billingham Paul - 2017 - Oxford Journal of Law and Religion 6 (1):1-23.
    Many philosophers and jurists believe that individuals should sometimes be granted religiouslygrounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This paper develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its level (...)
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  • Feminizing Human Rights Adjudication: Feminist Method and the Proportionality Principle. [REVIEW]Harriet Samuels - 2013 - Feminist Legal Studies 21 (1):39-60.
    Proportionality is one of the most important adjudicatory tools, in human rights decision-making, primarily employed to balance rights and interests. Despite this there is very little feminist analysis of its use by the courts. This article discusses the doctrine of proportionality and considers its amenability to feminist legal methods. It relies on theories of deliberative democracy to argue that the proportionality test can be applied in a manner that facilitates a more “interactive universalism”, allows for greater participation in decision-making and (...)
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