Proportionality e-bog
436,85 DKK
(inkl. moms 546,06 DKK)
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 ar...
E-bog
436,85 DKK
Forlag
Cambridge University Press
Udgivet
6 februar 2012
Genrer
Law
Sprog
English
Format
pdf
Beskyttelse
LCP
ISBN
9781139211277
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.