Rethinking Religious Objections (Old-Testament Based) to Same-Sex Marriage
In: Notre Dame Journal of Law, Ethics and Public Policy, Vol. 33, 2018, Forthcoming
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In: Notre Dame Journal of Law, Ethics and Public Policy, Vol. 33, 2018, Forthcoming
SSRN
In: Forthcoming, 94 Notre Dame L.Rev. Online _____ (2018)
SSRN
In: Cambridge studies in constitutional law
In: Cambridge studies in constitutional law 2
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