Proportionality versus categorization: models of solving of conflicts of right to property with selected political freedoms

Abstract

The author deals with two models of solving of conflicts of fundamental rights in the situation of collecting signatures in a shopping mall. He shows solution of this problems in the series of cases of US courts since 1946 to present days.

He concludes with comparison of this US approach with the dominant method of solving the collision of fundamental rights in Europe - the principle of proportionality.

Keywords

• Proportionality
• categorization
• conflicts
• right to property
• political freedoms