Proportionality by 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.-
Parliamentary Sovereignty
-
Legal Sabotage
-
A.V. Dicey and the Common Law Constitutional Tradition
-
Global Gender Constitutionalism and Women's Citizenship
-
The Anti-Nazi Origins of Militant Democracy
-
Constitutionalizing the Private Sphere
-
Courts in the Age of Polarization
-
Militant Rule of Law
-
Judging for Democracy
-
Local Meanings of Proportionality
-
Australia's Constitution after Whitlam
-
Administrative Competence
-
Europe's Second Constitution
-
Judges on Trial
-
Lawyering for the Rule of Law
-
The New Commonwealth Model of Constitutionalism
-
Property Rights and Social Justice
-
The Veiled Sceptre
-
Beyond Expropriation Without Compensation
-
Constitutional Dialogue
-
Dimensions of Dignity
-
Fundamental Rights and the Legal Obligations of Business
-
The Alchemists
-
Non-Statutory Executive Powers and Judicial Review
-
The Politics of Principle
-
Bills of Rights in the Common Law
-
Balancing Constitutional Rights
-
Courting Constitutionalism
-
Searching for the State in British Legal Thought
-
Reason of State
-
Parliamentary Bills of Rights
-
Building the Constitution
-
Hans Kelsen on Constitutional Democracy
-
Alter-Native Constitutionalism
-
The Collaborative Constitution
-
The Failures of Others
-
Proportionality and Constitutional Culture
-
Proportionality in Action
'Proportionality: Constitutional Rights and their Limitations has positioned Barak among the leading proponents of the received approach to human rights law' Grégoire 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
'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
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.
| SKU | Unavailable |
| ISBN 13 | 9781107008588 |
| ISBN 10 | 1107008581 |
| Title | Proportionality |
| Author | Aharon Barak |
| Series | Cambridge Studies In Constitutional Law |
| Condition | Unavailable |
| Binding Type | Hardback |
| Publisher | Cambridge University Press |
| Year published | 2012-01-19 |
| Number of pages | 638 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |