An edition of Proportionality
(2012)
Proportionality
constitutional rights and their limitations
by Aharon Barak
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Proportionality: constitutional rights and their limitations
2012, Cambridge University Press
in English
1107008581 9781107008588
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Table of Contents
Pt. I. Constitutional rights : scope and limitations
Constitutional rights : scope and the extent of its protection
Determining the scope of constitutional rights
Conflicting constitutional rights
Limitation of constitutional rights
Limiting constitutional rights by law
Pt. II. Proportionality : sources, nature, function
The nature and function of proportionality
The historical origins of proportionality
The legal sources of proportionality
Pt. III. The components of proportionality
Proper purpose
Rational connection
Necessity
Proportionality stricto sensu (balancing)
Proportionality and reasonableness
Zone of proportionality : legislator and judge
Proportionality and positive constitutional rights
The burden of proof
Pt. IV. Proportionality evaluated
Proportionality's importance
The criticism on proportionality and a retort
Alternatives to proportionality
The future of proportionality.
Edition Notes
Includes bibliographical references (p. 548-592) and index.
Translated from the Hebrew.
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| May 16, 2012 | Created by LC Bot | import new book |