Curriculum Guide · Courses
Constitutional Rights and Their Limitations: Proportionality
Professor Aharon Barak
J.D. Course 017 (cross-listed) | 1 credit hours
In many countries (e.g. Canada, Germany, Spain, Brazil), 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). In our class, we will look into the concept of proportionality, its scope and its rationales. We shall compare it with American jurisprudence, while trying to see whether constitutional rights are better protected by the American method of interpretation or by a proportionality analysis.
WEEK ONE COURSE. This seminar will meet for one week only on the following days: Monday, January 11, 2016 through Friday, January 15, 2016, 1:00 p.m. - 4:00 p.m. This course is mandatory pass/fail and will not count toward the 7 credit pass/fail limit for J.D. students.