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Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law)

Author Aharon Barak
Publisher Cambridge University Press
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Book Details
Author(s)Aharon Barak
ISBN / ASIN1107401194
ISBN-139781107401198
AvailabilityUsually ships in 24 hours
Sales Rank1,023,131
MarketplaceUnited States 🇺🇸

Description

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.