by Aharon Barak
|File type:||EPUB DRM|
Available for immediate download
To download this eBook, simply 'Add to basket' and pay at the Checkout as normal. Don't forget to download Digital Editions too, if you don't already have it.
You can not earn Waterstones Card points on eBooks
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.
Cambridge University Press