Proportionality in Constitutional Law (20535). 2 units. In many countries (e.g., Canada, Germany, Spain, Brazil, Israel), and under some International documents (e.g., the European Convention for the Protection of Human Rights and Fundamental Freedoms), the regular legislature can take action affecting constitutional rights that are part of the Bill of Rights, so long as such effect is proportional (that is, suitable and necessary to achieve legitimate government ends and properly balanced). This seminar will look into the concept of proportionality, its scope and its rationales. We shall do so on a comparative law basis. We shall compare it with U.S. jurisprudence, while trying to see whether constitutional rights are better protected by the U.S. method of categorization or by a proportionality analysis. We shall follow the development of proportionality in recent U.S. Constitutional Law and evaluate its place in the constitutional scheme of things. This course will meet during the first half of the term. Paper required. A. Barak.
Course Bidding Information: Students should submit statements of interest by June 26, 2014, 4:30 p.m.