Proportionality -

Proportionality

Constitutional Rights and their Limitations

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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.

Product code: 9781107401198

ISBN 9781107401198
Dimensions (HxWxD in mm) H224xW150xS33
No. Of Pages 638
Publisher Cambridge University Press
Series Cambridge Studies in Constitutional Law
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its components and discusses its relationship with reasonableness. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality.