· 2012
Proportionality: Constitutional Rights and their Limitations
- 385citations
- 2012year
Short summary
This paper provides a comprehensive framework for understanding proportionality as a legal doctrine used to limit constitutional rights, detailing its components and evaluating its application.
AI-generated from the title and abstract; the full text is not read.
Key points
- Proportionality is a doctrine used to determine the permissible limitations on constitutional rights.
- The doctrine is structured around four key components: proper purpose, rational connection, necessity, and balancing.
- The paper examines the historical development and legal foundations of proportionality.
- It discusses the roles of legislators and judges in applying proportionality and addresses common criticisms.
AI-generated from the title and abstract; the full text is not read.
Abstract
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.
The authors' abstract, as published at the source., 2012 · DOI ↗
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Field: Law
LawSocial Sciences