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Proportionality - Aharon Barak

English
2015-04-02
โ‚ฌ123.13 โ‚ฌ153.91

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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 again ... Full description

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Description

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.

More Information

Author Aharon Barak
Publisher Cambridge University Press
Release year 2015
Cover type Softcover
EAN 9781107401198
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โ‚ฌ123.13 โ‚ฌ153.91