About the Fair Balance of Competing Rights in the Context of the COVID-19 Pandemic

IF 1 4区管理学 Q3 PUBLIC ADMINISTRATION

Transylvanian Review of Administrative Sciences Pub Date : 2020-11-23 DOI:10.24193/tras.si2020.7

Georgeta-Bianca Spîrchez, Nicolae Bârsan-Pipu

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Abstract

The current pandemic situation gives us the opportunity of the following research, which is a plea to use the principle of proportionality as a rational argument in substantiating the restrictive measures adopted by the authorities in order to prevent the spread of Sars-CoV-2 virus. Thus, after (1) we found it appropriate to make general considerations related to governmental measures for public health and safety in the introductory part, we continued with (2) the presentation of the proportionality standard, as a jurisprudential model used both at national and international level, in order to develop (3) proportionality in a narrow sense afterwards, using the formula of professor Robert Alexy, which we consider representative for the structure of balancing competing rights, using a quantifiable model, in which respect we have exemplified the applicability of this formula (4). Finally, we concluded that the principle of proportionality can be a convincing structural approach in the legal reasoning designated to promote the balance of principles (6), although we acknowledge some of the limitations of the proposed method, which we consider that can be overcome (5).

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论新冠肺炎疫情背景下竞争权利的公平平衡

当前的大流行形势为我们提供了进行以下研究的机会，这是一种请求，即在证明当局为防止新冠病毒传播而采取的限制措施时，将比例原则作为合理的论据。因此，在(1)我们认为在引言部分对公共卫生和安全方面的政府措施进行一般性考虑是合适的之后，我们继续(2)提出相称性标准，作为一种在国家和国际层面上使用的法学模型，以便在之后使用Robert Alexy教授的公式来发展(3)狭义的相称性。我们认为它代表了平衡竞争权利的结构，使用可量化的模型，在这方面，我们举例说明了该公式的适用性(4)。最后，我们得出结论，相称性原则可以在旨在促进原则平衡的法律推理中成为一种令人信服的结构方法(6)，尽管我们承认所提出方法的一些局限性，我们认为这些局限性是可以克服的(5)。

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来源期刊

Transylvanian Review of Administrative Sciences PUBLIC ADMINISTRATION-

CiteScore

2.10

自引率

10.00%

发文量

审稿时长

25 weeks

期刊介绍： TRAS represents a collective effort initiated by an international group aimed at boosting the research in the field of public administration in a country where during the communist regime there was no tradition in this sense. TRAS represents a unique source of specialized analysis of the ex-communist space, of the transition processes to democracy, of the reform of public administration, and of comparative analysis of administrative systems. The general topic covered by the articles in the Review is administrative sciences. As a result of an interdisciplinary, modern approach, the articles cover the following specific themes: Public management, public policy, administrative law, public policy analysis, regional development, community development, public finances, urban planning, program evaluation in public administration, ethics, comparative administrative systems, etc. TRAS encourages the authors to submit articles that are based on empirical research. From the standpoint of the topic covered, TRAS is lined up with the trends followed by other international journals in the field of public administration. All articles submitted to the Transylvanian Review of Administrative Sciences have to present a clear connection to the field of administrative sciences and the research (both theoretical and empirical) should be conducted from this perspective. Interdisciplinary topics related to organizational theory, sustainable development and CSR, international relations, etc. can be considered for publication, however the research needs to address relevant issues from the perspective of the public sector. Articles which use highly specialized econometrics models as well as studies addressing macro-economic topics will not be considered for evaluation. The decision on whether a certain topic falls within the interest of TRAS belongs to the editors and it is not connected with the overall quality of the work submitted.