Proportionality: Constitutional Rights and their Limitations

Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law, Series Number 2)

Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
Country USA
Brand Cambridge University Press
Manufacturer Cambridge University Press
Binding Paperback
ItemPartNumber 1 Line drawings, unspecified
ReleaseDate 2012-01-19
UnitCount 1
EANs 9781107401198

Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law, Series Number 2)