Proportionality¶
Barak, A. (2012). Proportionality: Constitutional Rights and Their Limitations. Cambridge University Press.
Cited by¶
6 citations across 4 artifacts.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Proportionality
- (4) are the means appropriately balanced against the rights infringed?
This sourceCanonical doctrinal account of the four-step proportionality test (proper purpose, rational connection, necessity, balancing) across constitutional jurisdictions worldwide.
- The principle typically manifests as a four-step test, as canonized by Barak (2012): (1) is the aim legitimate?
This sourceDetailed treatment of pretextuality and the strategic-misrepresentation risk in the legitimate-aim prong; pretextual purposes invalidate proportionality assessment.
Supported in partVerified against the publisher's abstract
Barak's book treats proportionality as the main tool for limiting constitutional rights and explores its “four components (proper purpose, rational connection, necessity and proportionality stricto sensu)”. Those are the four stages, in the order the sentence gives them, and the first of them, proper purpose, is the legitimate-aim step the sentence numbers (1). The work is presented as setting out these components, not as establishing that adjudication typically proceeds in four steps or that the test was canonized here.
“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.”
- The legitimacy prong is most vulnerable to strategic misrepresentation, a pretextuality risk Barak (2012) treats at length within the proper-purpose stage of proportionality analysis.
This sourceOperationalizes the third stage of the four-step test as least-restrictive-means analysis with hierarchy of restrictiveness.
Supported in partVerified against the publisher's abstract
Barak's book abstract confirms proper purpose is one of the four proportionality components he examines, but carries nothing about the legitimacy prong being most vulnerable to strategic misrepresentation, or about pretextuality.
“Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu)”
- (4) are the means appropriately balanced against the rights infringed?
Mechanisms¶
- Influence-Response Decision Tree
- Necessity/Proportionality Checklist
- The discipline that keeps it honest is holding to least-restrictive means rather than mere relevance,
This sourceExplains proportionality’s necessity stage as requiring a less restrictive but equally effective alternative to be preferred.
- The discipline that keeps it honest is holding to least-restrictive means rather than mere relevance,
- Proportionality Review
- It draws on the legal principle of proportionality — that a restriction on people must be suitable, necessary, and not excessive relative to its aim.
This sourceDefines proportionality review through suitability, necessity, and proportionality in the strict sense between a rights restriction and its public aim.
- It draws on the legal principle of proportionality — that a restriction on people must be suitable, necessary, and not excessive relative to its aim.
Verification¶
Does it exist? Confirmed. This work's DOI resolves to a registered record, which fixes its identity. That is all it fixes.
Does it back the claim? Read against the text for 2 of 6 citations: 2 supported in part. Each verdict is shown under its citation below, with what in the work backs the sentence.
Support is checked per citation rather than per work — the same source can be cited soundly in one article and wrongly in another. Per-citation recording began recently, so a citation with no recorded check is a gap in the record rather than evidence it went unchecked.
See how references were verified.
Registry ID ref:0c447a466f09 · see in the full table