Other
Proportionality and the Relevance of Rights
(2015)
Abstract
It is now well known that proportionality-based balancing has become the dominant approach to the judicial review of legislation that limits constitutional rights. But has proportionality outgrown rights? In other words, are specific constitutional rights — as opposed to, say, a general right to proportional treatment — necessary, or desirable, once courts have adopted proportionality analysis? This issue animates the debate between Professors Luc Tremblay and Matthias Klatt in the International Journal of Constitutional Law. In this comment, I weigh in on the Tremblay/Klatt debate, and make a case for the continued relevance of rights in proportionality balancing.
Keywords
- constitutional rights,
- judicial review,
- proportionality,
- balancing analysis
Disciplines
Publication Date
2015
Citation Information
Jud Mathews. "Proportionality and the Relevance of Rights" (2015) Available at: http://works.bepress.com/jud_mathews/9/