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

Barak, Aharon

ISBN 10: 1107008581 / ISBN 13: 9781107008588

Published by Cambridge University Press, 2012

About this Item

Aharon Barak analyses the scope of constitutional rights, the conflicts between them and the limitations imposed on them by law. Series: Cambridge Studies in Constitutional Law. Num Pages: 638 pages, 1 b/w illus. BIC Classification: LND. Category: (P) Professional & Vocational. Dimension: 159 x 234 x 33. Weight in Grams: 1120. . 2012. hardcover. . . . .

Seller Inventory # V9781107008588

Bibliographic Details

• Title: Proportionality: Constitutional Rights and their Limitations: 2 (Cambridge Studies in Constitutional Law, Series Number 2)
• Publisher: Cambridge University Press
• Publication Date: 2012
• Language: English
• ISBN 10: 1107008581
• ISBN 13: 9781107008588
• Binding: Hardcover
• Condition: New

About this title

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.

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.