Proportionality in Australian constitutional law / by Shipra Chordia.

Alexandria, N.S.W. : The Federation Press, 2020.

1st edition

89942

Constitutional law -- Australia.

Ch 1. Introduction

Ch 2. Proportionality as a concept

Ch 3. Structured proportionality as an analytical tool

Ch 4. Structured proportionality and judicial restraint

Ch 5. Alternatives to structured proportionality

Ch 6. Proportionality in the characterisation of laws

Ch 7. Proportionality and the freedom of interstate trade and commerce

Ch 8. Proportionality and the implied freedom of political communication

Ch 9. The forms of 'proportionality'.

Proportionality in Australian Constitutional Law considers the concerns that have been raised regarding the doctrine of proportionality and how these might be addressed. Since its first introduction into Australian constitutional law, there have been debates regarding its use. Recent cases, in particular, have seen a splintering on the High Court, with some judges expressing support for proportionality as a useful tool in certain contexts, and others expressing deep reservations about it. Against this background, Chordia proposes a theoretical framework for proportionality, and uses it to explore a critical question: when, if at all, is proportionality an appropriate analytical tool in Australian constitutional adjudication? - Publisher's website.

9781760022426

xvi, 221 p. ; cm