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  1. The Moral Basis of Religious Exemptions.Kevin Vallier - 2016 - Law and Philosophy 35 (1):1-28.
    Justifying religious exemptions is a complicated matter. Citizens ask to not be subject to laws that everyone else must follow, raising worries about equal treatment. They ask to be exempted on a religious basis, a basis that secular citizens do not share, raising worries about the equal treatment of secular and religious citizens. And they ask governmental structures to create exceptions in the government’s own laws, raising worries about procedural fairness and stability. We nonetheless think some religious exemptions are appropriate, (...)
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  • Proportionality, Balancing, and the Cult of Constitutional Rights Scholarship.Grégoire Webber - 2010 - Canadian Journal of Law and Jurisprudence 23 (1):179-202.
    Constitutional rights’ scholarship is anchored in the cult of proportionality and balancing. Despite the absence of reference to proportionality or balancing in most State constitutions or international conventions, scholars and judges alike have embraced a vocabulary of proportion, cost, weight, and balance. Drawing on the work of German scholar Robert Alexy and Canadian scholar David Beatty, this essay attempts to illustrate how the principle of proportionality conceals more than it reveals in rights-reasoning. By challenging the contemporary cult of practical reasoning (...)
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