Proportionality : Constitutional Rights and their Limitations / Aharon Barak.
Material type: TextSeries: Cambridge Studies in Constitutional Law ; 2 | Cambridge Studies in Constitutional Law ; 2.Publisher: Cambridge : Cambridge University Press, 2012Description: 1 online resource (638 pages) : digital, PDF file(s)Content type:- text
- computer
- online resource
- 9781139035293 (ebook)
- 342 23
- K3165 .B37413 2012
Title from publisher's bibliographic system (viewed on 04 Apr 2016).
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.
There are no comments on this title.