TY - BOOK
T1 - Proportionality: Constitutional rights and their limitations (Translated from Hebrew to English)
AU - Barak, Aharon
AU - Kalir, Doron
PY - 2012
Y1 - 2012
N2 - 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.
AB - 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.
UR - https://dx.doi.org/10.1017/CBO9781139035293
U2 - 10.1017/cbo9781139035293
DO - 10.1017/cbo9781139035293
M3 - Book
SN - 9781139035293
BT - Proportionality: Constitutional rights and their limitations (Translated from Hebrew to English)
PB - Cambridge University Press
ER -