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portada Proportionality: Constitutional Rights and Their Limitations (Cambridge Studies in Constitutional Law)
Type
Physical Book
Author
Publisher
Year
2012
Language
English
Pages
638
Format
Paperback
Dimensions
22.4x15x3.3 cm
Weight
0.98 kg.
ISBN
1107401194
ISBN13
9781107401198
Edition No.
1
Categories

Proportionality: Constitutional Rights and Their Limitations (Cambridge Studies in Constitutional Law)

Aharon Barak (Author) · Cambridge University Press · Paperback

Proportionality: Constitutional Rights and Their Limitations (Cambridge Studies in Constitutional Law) - Barak, Aharon

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Synopsis "Proportionality: Constitutional Rights and Their Limitations (Cambridge Studies in Constitutional Law) "

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.

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