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

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

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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.

Technical Specifications

Country
USA
Brand
Cambridge University Press
Manufacturer
Cambridge University Press
Binding
Paperback
ItemPartNumber
1 Line drawings, unspecified
ReleaseDate
2012-01-19T00:00:01Z
UnitCount
1
EANs
9781107401198