ABSTRACT
Balancing and proportionality stand at the interfaces of the legalities in many cases of conflict. Here, I define ‘interlegal balancing’ as balancing in cases where obligations stem from norms and reasons of diverse legalities, and a formal, ex ante rule to solve such an antinomy is lacking or otherwise insufficient given the circumstances of a case at hand. I first define interlegality, balancing, and interlegal balancing. Afterwards, I recall a tentative typology of ‘patterns’ or regularities in situations where interlegal balancing may occur, to advocate for casting some more familiar doctrines under the light of interlegal balancing. Then, I address the limiting circumstance, which may well obtain, of finding explicit restrictions to interlegal balancing in some legality, followed by an objection from jurisdictional biases, and the idea of ‘institutional parity’. Finally, I conjecture on the normative dimensions of interlegal balancing.
