Resumen de Cost-benefit analysis in rights adjudication—An assessment in light of the proportionality debate: A reply to Yun-chien Chang and Xin Dai

Cristóbal Caviedes Paúl, Francisco Javier Urbina

• In this article, we analyze Yun-chien Chang and Xin Dai’s proposal for replacing the proportionality test with cost-benefit analysis in their article “The Limited Usefulness of the Proportionality Principle.” We assess this proposal by considering the objections generally raised against the proportionality test. We claim that such objections also apply to cost-benefit analysis, thus raising concerns about its adequacy for rights adjudication.