Proportionality : Constitutional Rights and their Limitations
Proportionality : Constitutional Rights and their Limitations
Click to enlarge
Author(s): Barak, Aharon
ISBN No.: 9781107401198
Pages: 638
Year: 201201
Format: Trade Paper
Price: $ 87.34
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

Part I. Constitutional Rights: Scope and Limitations: 1. Constitutional rights: scope and the extent of its protection; 2. Determining the scope of constitutional rights; 3. Conflicting constitutional rights; 4. Limitation of 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.


To be able to view the table of contents for this publication then please subscribe by clicking the button below...
To be able to view the full description for this publication then please subscribe by clicking the button below...