Code: 04428636

Proportionality

Name: Proportionality
Brand: Cambridge University Press
SKU: 04428636
Price: 72.02 EUR
Availability: InStock
Author: Aharon Barak
ISBN: 9781107401198

by Aharon Barak

Language: English
Binding: Paperback
Number of pages: 638
Publisher: Cambridge University Press, 2012
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Book 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.