Proportionality : Constitutional Rights and their Limitations
by
Aharon Barak
Book Details
Format
Paperback / Softback
Book Series
Cambridge Studies in Constitutional Law
ISBN-10
1107401194
ISBN-13
9781107401198
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jan 19th, 2012
Print length
638 Pages
Weight
918 grams
Dimensions
22.60 x 15.50 x 2.90 cms
Product Classification:
Constitutional & administrative lawConstitutional and administrative law: general
Ksh 10,300.00
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Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its components and discusses its relationship with reasonableness. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality.
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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