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Item Details
Title: PROPORTIONALITY
CONSTITUTIONAL RIGHTS AND THEIR LIMITATIONS
By: Aharon Barak
Format: Electronic book text

List price: £162.00


We currently do not stock this item, please contact the publisher directly for further information.

ISBN 10: 1139035290
ISBN 13: 9781139035293
Publisher: CAMBRIDGE UNIVERSITY PRESS
Pub. date: 5 June, 2012
Series: Cambridge Studies in Constitutional Law 2
Description: Aharon Barak analyses the scope of constitutional rights, the conflicts between them and the limitations imposed on them by law.
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.
Illustrations: 1 b/w illus.
Publication: UK
Imprint: Cambridge University Press (Virtual Publishing)
Returns: Non-returnable
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