One consideration is in the law , the results of two or more to crucial issues in a ratio that the resulting from the decision issues as possible satisfy represents. Outside of legal science, too, a weighing process represents the preparation of a decision , in which the foreseeable consequences of a decision are determined and compared with the goals to which the decision is supposed to lead. There are trade-offs between many factors ; see also cost-benefit analysis , compromise and conflict of goals .
The weighing goes through three phases:
- Compilation of the material to be considered
- Evaluation of the individual concerns
- Process of weighing up the interests against each other and against each other
A fair weighing is only possible if all aspects that are essential for the weighing decision have been included in the weighing of the situation. The underlying goals and the resulting reasons for the decision must be clearly explained.
A decision is considered appropriate if it is clearly oriented towards the planning goals and if there are sufficiently weighty reasons to justify the receding of one issue to the other. Public concerns do not automatically have priority over conflicting private concerns.
The balancing of interests must aim at a balance of interests, taking into account the constitutional requirement of equal treatment . The main problem here is that such a balancing cannot avoid comparing “apples with pears” in the absence of the same standards.
Also, it is difficult to bring about a state of absolute objectivity about the object of consideration.
An important area of application of the balancing act is urban land use planning . Here are e.g. B. to weigh urban planning aspects against those of nature conservation.
- Karl-Heinz Ladeur: Critique of the balancing in the fundamental rights dogmatics: Plea for a renewal of the liberal fundamental rights theory. Mohr Siebeck 2004, ISBN 3-161-48442-8 .
- Joachim Rückert: Weighing up - the legal career of a non-legal term. Legal journal 2011, 913–923, 915.
- Bernhard Schlink: Balancing in constitutional law. Duncker and Humblot 1976, ISBN 3-428-03684-0 .