Proportionality

By Aharon Barak

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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.

Subject: Professional, Career & Trade -> Law -> Constitutional

Proportionality
Constitutional Rights and their Limitations
1st edition
Publisher: Cambridge University Press 1/19/12
Imprint: Cambridge University Press
Language: English

ISBN 10: 113920971X
ISBN 13: 9781139209717
Print ISBN: 9781107008588

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