Curriculum Guide · Courses
Interpretation or Proportionality? How Constitutional Courts Around the World Review Challenges to Government Action
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 6, 2014, through Friday, January 10, 2014, 1:00 p.m. - 4:00 p.m. This course is mandatory pass/fail and will count toward the 7 credit pass/fail limit for J.D. students. Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until Monday, January 6, 2014, 5:00 p.m. to drop this course.