Aharon Barak analyses the scope of constitutional rights, the conflicts between them and the limitations imposed on them by law. Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its components and discusses its relationship with reasonableness. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality. Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its components and discusses its relationship with reasonableness. He goes on to analyse the concept of deference and to consider the main arguments against the use ofproportionality. 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 andfuture developments of proportionality are suggested. INDICE: Part I. Constitutional Rights: Scope and Limitations: 1. Constitutional rights: scope and the extent of its protection; 2. Determining the scopeof constitutional rights; 3. Conflicting constitutional rights; 4. Limitationof constitutional rights; 5. Limiting constitutional rights by law; Part II. Proportionality: Sources, Nature, Function: 6. The nature and function of proportionality; 7. The historical origins of proportionality; 8. The legal sources of proportionality; Part III. The Components of Proportionality: 9. Proper purpose; 10. Rational connection; 11. Necessity; 12. Proportionality stricto sensu (balancing); 13. Proportionality and reasonableness; 14. Zone of proportionality: legislator and judge; 15. Proportionality and positive constitutional rights; 16. The burden of proof; Part IV. Proportionality Evaluated: 17. Proportionality's importance; 18. The criticism on proportionality and a retort; 19. Alternatives to proportionality; 20. The future of proportionality.
- ISBN: 978-1-107-40119-8
- Editorial: Cambridge University
- Encuadernacion: Rústica
- Páginas: 638
- Fecha Publicación: 19/01/2012
- Nº Volúmenes: 1
- Idioma: Inglés