The Alexy-Poscher Debate on Legal Principles

This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher. The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin.Alexy’s principles theory, which has initially defined ‘legal principles’ as optimisation requirements, currently argues that they express an ‘ideal ought’.Poscher’s critique challenges the soundness of Alexy’s principles theory by questioning its ontological and epistemological commitments.As legal principles are directly related to constitutional rights, the Alexy-Poscher debate has significant implications for constitutional adjudication.For instance, proportionality analysis - which incorporates a highly controversial balancing test - and the legitimate boundaries of judicial power, hinge on the debate's two opposing views.Yet despite the central