Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law, Series Number 2)
Product Description
Condition - Very Good
The item shows wear from consistent use but remains in good condition. It may arrive with damaged packaging or be repackaged.
Proportionality: Constitutional Rights and their Limitations (Cambridge Studies in Constitutional Law, Series Number 2)
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.
Technical Specifications
You might also like
Proportionality and Constitutional Culture (Cambridge Studies in Constitutional Law)
Human Dignity: The Constitutional Value and the Constitutional Right
Purposive Interpretation in Law
A Theory of Constitutional Rights
The Court and the World: American Law and the New Global Realities
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse (Cambridge Studies in Constitutional Law)
The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)
The Judge in a Democracy
America's Unwritten Constitution: The Precedents and Principles We Live By
The Negotiable Constitution: On the Limitation of Rights