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Vol 21 No 11 Nov/Dec 2016

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Proportionality: Constitutional Rights and their Limitations


ISBN13: 9781107008588
Published: January 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £79.99
Paperback edition , ISBN13 9781107401198



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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.

Subjects:
Constitutional and Administrative Law
Contents:
Part I. Constitutional Rights: Scope and Limitations
1. Constitutional rights: scope and the extent of its protection
2. Determining the scope of constitutional rights
3. Conflicting constitutional rights
4. Limitation of constitutional rights
5. Limiting constitutional rights by law
Part II. Proportionality: Sources, Nature, Function
6. The nature and function of proportionality
7. The historical origins of proportionality
8. The legal sources of proportionality
Part III. The Components of Proportionality
9. Proper purpose
10. Rational connection
11. Necessity
12. Proportionality stricto sensu (balancing)
13. Proportionality and reasonableness
14. Zone of proportionality: legislator and judge
15. Proportionality and positive constitutional rights
16. The burden of proof
Part IV. Proportionality Evaluated
17. Proportionality's importance
18. The criticism on proportionality and a retort
19. Alternatives to proportionality
20. The future of proportionality.

Series: Cambridge Studies in Constitutional Law

Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa ISBN 9781107124097
To be published December 2016
Cambridge University Press
£64.99
Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law ISBN 9781107084285
Published September 2016
Cambridge University Press
£69.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107622487
Published October 2015
Cambridge University Press
£22.99
Reason of State: Law, Prerogative and Empire ISBN 9781107089891
Published July 2015
Cambridge University Press
£69.99
The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
Edited by: Lars Vinx
ISBN 9781107092686
Published February 2015
Cambridge University Press
£65.00
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107038998
Published December 2013
Cambridge University Press
£64.99
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
Published December 2013
Cambridge University Press
£24.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
Published December 2013
Cambridge University Press
£60.00
£34.99
Proportionality and Constitutional Culture ISBN 9781107021860
Published June 2013
Cambridge University Press
£60.00
Proportionality and Constitutional Culture ISBN 9781107605718
Published June 2013
Cambridge University Press
£24.99
The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107619067
Published March 2013
Cambridge University Press
£39.99
Judging Social Rights ISBN 9781107400320
Published May 2012
Cambridge University Press
£29.99
Proportionality: Constitutional Rights and Their Limitations ISBN 9781107401198
Published January 2012
Cambridge University Press
£39.99
Parliamentary Sovereignty: Contemporary Debates ISBN 9780521140195
Published July 2010
Cambridge University Press
£30.99