Proportionality
Constitutional Rights and their Limitations
Part of Cambridge Studies in Constitutional Law
- Author: Aharon Barak, Radzyner School of Law, Interdisciplinary Center Herzliya
- Date Published: January 2012
- availability: Available
- format: Paperback
- isbn: 9781107401198
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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.
Read more- Theory of proportionality in limiting constitutional rights will interest scholars, students and judges
- Demonstrates the application of the theory by using judgments from many legal systems
- Written from the perspective of a judge who applies the theory in practice
Reviews & endorsements
'Proportionality: Constitutional Rights and their Limitations has positioned Barak among the leading proponents of the received approach to human rights law.' Grégoire Webber, Public Law
See more reviews'Barak's Proportionality is probably the most important and comprehensive book written on the subject to date.' Ariel L. Bendor and Tal Sela, International Journal of Constitutional Law
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×Product details
- Date Published: January 2012
- format: Paperback
- isbn: 9781107401198
- length: 638 pages
- dimensions: 224 x 150 x 33 mm
- weight: 0.98kg
- contains: 1 b/w illus.
- availability: Available
Table of Contents
Part I. Constitutional Rights: Scope and Limitations:
1. Constitutional rights: scope and the extent of its protection
2. Determining the scope of constitutional rights
3. Conflicting constitutional rights
4. Limitation of constitutional rights
5. Limiting constitutional rights by law
Part II. Proportionality: Sources, Nature, Function:
6. The nature and function of proportionality
7. The historical origins of proportionality
8. The legal sources of proportionality
Part III. The Components of Proportionality:
9. Proper purpose
10. Rational connection
11. Necessity
12. Proportionality stricto sensu (balancing)
13. Proportionality and reasonableness
14. Zone of proportionality: legislator and judge
15. Proportionality and positive constitutional rights
16. The burden of proof
Part IV. Proportionality Evaluated:
17. Proportionality's importance
18. The criticism on proportionality and a retort
19. Alternatives to proportionality
20. The future of proportionality.Instructors have used or reviewed this title for the following courses
- Civil Rights Seminar
- Con. Law Selected Issues
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