Robert Alexy's Theory: Proportionality, Principles, and Equity

This article provides a comprehensive introduction to the thought of Robert Alexy, one of the most important contemporary philosophers of law. The author discusses in detail the key distinction in this theory between rules operating on an "all-or-nothing" principle and principles defined as optimization imperatives. The text introduces the three-stage structure of the proportionality test, encompassing tests of usefulness, necessity, and proportionality in the strict sense, supported by a mathematical weighting formula. The reader will also learn what the claim to equity is and how it affects the relationship between statutory law and the axiological sphere. The analysis includes a confrontation of Alexy's theory with legal positivism and its practical application in case law, making it essential reading for lawyers and researchers interested in judicial argumentation and the legitimacy of the legal system.