The Weight Formula

Abstract

In this chapter the Law of Balancing, one of the two laws in A Theory of Constitutional Law (2002), is transformed into a mathematical formula, the Weight Formula. This formula allows a clear identification of the three factors that pertain to balancing: intensity of interference, abstract weight, and epistemic reliability of the premises standing behind these two classifications, and this on both sides of the principles collision. This is not possible without scaling. A geometric and discrete scale is proposed. Discrete scales are necessary. Geometric scales have advantages with respect to arithmetic scales. Cases are considered, and, in the last part of the text, open questions are presented.