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It reads as follow “it is not synonymous with indispensableâ€. Necessity implies that there is a pressing social need and that it is proportionate to the legitimate aim pursued. If there is another alternative, less intrusive way of protecting the public interest, then it is will not be qualified as necessary...
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The ‘good faith’ of a Court is not sufficient in itself. The burden lays on the Government to prove the pressing social need. The stronger the right is (if, for instance it is at the chore of private life), the more demanding the burden will be. As a result, this criterion seems to aim at preserving the superiority of the protected right...
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Summary of A Balancing Act
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