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LAWS10090 Constitutional Law CLH Proportionality Readings
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LAWS10090 Constitutional Law CLH Proportionality Readings
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Constitutional Law HonoursSEMESTER 2 Seminar Outlines
Proportionality, Balancing and its Critics
Proportionality has become a significant feature of the practice of
constitutional law in liberal democracies. The UK has been no exception to
this development and proportionality has featured increasingly prominently in
administrative law as well as adjudication under The Human Rights Act 1998.
In the next five seminars we will examine the various dimensions of
proportionality in rights adjudication under a series of headings to gain a
better understanding of what it entails, how it works, the solutions it can
provide to the competing forces at play in rights adjudication, whether it
enhances or diminishes the protection of fundamental rights as well as
whether it is harmful from a democratic perspective.
Introduction to Proportionality and Rights Adjudication
Essential Reading
M. Cohen-Eliya and I Porat, Proportionality and Constitutional Culture (CUP,
2013), Ch. 1 (available online on library catalogue).
T. Hickman, ‘The substance and structure of proportionality’ (2008) Public
Law (Winter)
A. Kavanagh, Constitutional Review under the Human Rights Act, (CUP:
2009), Ch. 9 (available on e-reserve)
L.-J. Arden, ‘Proportionality: The Way Ahead?’ (2013) Public Law, July Issue.
Proportionality in Practice
Essential Reading
M. Klatt, “The Structure of the Proportionality Test’ in M. Klatt and M. Mesiter,
The Constitutional Structure of Proportionality (OUP, 2012) (available online
on library catalogue).
Otto-Preminger-Institut v. Austria , 295-A E UR . C T . H.R. (ser. A) at ¶ 56
Hatton v. United Kingdom , (2003) 37 EHRR 28 (Grand Chamber).
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