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.
General
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