Proportionality: Constitutional Rights and Their Limitations (Hardcover) (ISBN-13: 9781107008588)

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.

Author: Aharon Barak
ISBN-10: 1107008581
ISBN-13: 9781107008588
Publisher: Cambridge University Press
Language: English
Published: 01/19/2012
Pages: 638
Format: Hardcover
Weight: 2.24lbs
Size: 9.00h x 6.00w x 1.38d