Proportionality and the Relevance of Rights

Jud Mathews, I•CON Debate Review: Proportionality and the Relevance of Rights, Int’l J. Const. L. Blog, Feb. 6, 2015

4 Pages Posted: 8 Feb 2015

Date Written: February 6, 2015

Abstract

It is now well known that proportionality-based balancing has become the dominant approach to the judicial review of legislation that limits constitutional rights. But has proportionality outgrown rights? In other words, are specific constitutional rights — as opposed to, say, a general right to proportional treatment — necessary, or desirable, once courts have adopted proportionality analysis? This issue animates the debate between Professors Luc Tremblay and Matthias Klatt in the International Journal of Constitutional Law. In this comment, I weigh in on the Tremblay/Klatt debate, and make a case for the continued relevance of rights in proportionality balancing.

Keywords: constitutional rights, judicial review, proportionality, balancing analysis

Suggested Citation

Mathews, Jud, Proportionality and the Relevance of Rights (February 6, 2015). Jud Mathews, I•CON Debate Review: Proportionality and the Relevance of Rights, Int’l J. Const. L. Blog, Feb. 6, 2015, Available at SSRN: https://ssrn.com/abstract=2561545

Jud Mathews (Contact Author)

Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

HOME PAGE: http://https://pennstatelaw.psu.edu/faculty/mathews

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