Proportionality: Constitutional Rights and Their Limitations
Aharon Barak
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. [C:\Users\Microsoft\Documents\Calibre Library]
年:
2012
出版社:
Cambridge University Press
语言:
english
页:
666
ISBN 10:
1107401194
ISBN 13:
9781107401198
系列:
Cambridge Studies in Constitutional Law
文件:
PDF, 7.73 MB
IPFS:
,
english, 2012
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