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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Constitutional Rights and their Limitations
Product details
ISBN
9781139211277
Published
2014
Publisher
Cambridge University Press
Language
Product language
Engelsk
Format
Product format
Digital bok
Author