Proportionality: Constitutional Rights and their Limitations: 2
Author(s): Aharon Barak (Author)
Publisher: Cambridge University Press
Publication Date: 19 Jan. 2012
Edition: 1st
Language: English
Print length: 638 pages
ISBN-10: 1107401194
ISBN-13: 9781107401198
Book Description
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.
Editorial Reviews
Review
‘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
Book Description
Aharon Barak analyses the scope of constitutional rights, the conflicts between them and the limitations imposed on them by law.
About the Author
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.
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