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Proportionality

Constitutional Rights and their Limitations

Aharon Barak

$89.95

Paperback

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English
Cambridge University Press
19 January 2012
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.
By:  
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
Volume:   2
Dimensions:   Height: 224mm,  Width: 150mm,  Spine: 33mm
Weight:   980g
ISBN:   9781107401198
ISBN 10:   1107401194
Series:   Cambridge Studies in Constitutional Law
Pages:   636
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active

Aharon Barak is a faculty member at the Interdisciplinary Center (IDC) Herzliya, Israel, and a visiting professor at Yale Law School. In 1975 he was appointed Attorney General of the State of Israel, becoming Justice of the Supreme Court of Israel in 1978 and serving as President from 1995 until his retirement in 2006. He has also served as a lecturer, professor and Dean of the Law School at the Hebrew University of Jerusalem.

Reviews for Proportionality: Constitutional Rights and their Limitations

'Proportionality: Constitutional Rights and their Limitations has positioned Barak among the leading proponents of the received approach to human rights law.' Gregoire Webber, Public Law 'Barak's Proportionality is probably the most important and comprehensive book written on the subject to date.' Ariel L. Bendor and Tal Sela, International Journal of Constitutional Law


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