9781139035293 (ebook) 9781107008588 (hardback) 9781107401198 (paperback)
Cambridge studies in constitutional law ; 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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Pt. I. Constitutional rights : scope and limitations Constitutional rights : scope and the extent of its protection Determining the scope of constitutional rights Conflicting constitutional rights Limitation of constitutional rights Limiting constitutional rights by law Pt. II. Proportionality : sources, nature, function The nature and function of proportionality The historical origins of proportionality The legal sources of proportionality Pt. III. The components of proportionality Proper purpose Rational connection Necessity Proportionality stricto sensu (balancing) Proportionality and reasonableness Zone of proportionality : legislator and judge Proportionality and positive constitutional rights The burden of proof Pt. IV. Proportionality evaluated Proportionality's importance The criticism on proportionality and a retort Alternatives to proportionality The future of proportionality.