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

List price:
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£162.00 |
We currently do not stock this item, please contact the publisher directly for
further information.
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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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