• Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Proportionality: Constitutional Rights and Their Limitations

Proportionality: Constitutional Rights and Their Limitations

Hardcover

Series: Cambridge Studies in Constitutional Law, Book 2

General Law

ISBN10: 1107008581
ISBN13: 9781107008588
Publisher: Cambridge University Press
Published: Jan 19 2012
Pages: 638
Weight: 2.24
Height: 1.38 Width: 6.00 Depth: 9.00
Language: English
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.

Also in

General Law