Proportionality in Australian constitutional law
著者
書誌事項
Proportionality in Australian constitutional law
Federation Press, 2020
- : hbk
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注記
Includes bibliographical references (p. 203-212) and index
内容説明・目次
内容説明
Winner of the 2019 Holt Prize, Proportionality in Australian Constitutional Law considers the concerns that have been raised regarding the appropriateness of proportionality in Australian constitutional law and how these might be addressed.\n\nProportionality is an analytical method used in the constitutional jurisprudence of courts around the world, including in Australia. The method, however, is not free from controversy.\n\nSince its first introduction into Australian constitutional law, there have been debates regarding its use. Recent cases, in particular, have seen a splintering on the High Court, with some judges expressing support for proportionality as a useful tool in certain contexts, while others have expressed deep reservations about its suitability. Against this background, Proportionality in Australian Constitutional Law proposes a theoretical framework for proportionality, and uses that framework to explore a critical question: when is proportionality an appropriate analytical tool in Australian constitutional adjudication?
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