Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law, Series Number 2) - Hardcover

Book 2 of 38: Cambridge Studies in Constitutional Law

Barak, Aharon

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9781107008588: Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law, Series Number 2)

Synopsis

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.

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About the Author

Aharon Barak is a faculty member at the Interdisciplinary Center (IDC) Herzliya, Israel, and a visiting professor at Yale Law School. In 1975 he was appointed Attorney General of the State of Israel, becoming Justice of the Supreme Court of Israel in 1978 and serving as President from 1995 until his retirement in 2006. He has also served as a lecturer, professor and Dean of the Law School at the Hebrew University of Jerusalem.

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Other Popular Editions of the Same Title

9781107401198: Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law, Series Number 2)

Featured Edition

ISBN 10:  1107401194 ISBN 13:  9781107401198
Publisher: Cambridge University Press, 2012
Softcover