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- Title
Proportionality and the Right to Equality.
- Authors
Lurie, Guy
- Abstract
This Article focuses on the overlap and interaction between the doctrine of proportionality and the doctrines used to assess the constitutionality of state violations of the right to equality. The Article has three main contributions to comparative constitutional literature. First, the Article pinpoints the difficulty that arises when courts try to apply the doctrine of proportionality on claimed violations of the right to equality. Analytically, as shown in this Article, the overlap and interaction between these two doctrines is problematic because they are both relational measures between means and ends. Second, this Article categorizes two models adopted by courts in the application of proportionality in the context of the violation of the right to equality. Third, this Article points out that the choice of the model used by each court is relevant to the ongoing discourse on the advantages and disadvantages of proportionality.
- Subjects
PROPORTIONALITY in law; EQUALITY; EUROPEAN Court of Human Rights; COMPARATIVE literature; JUDICIAL review; HUMAN rights
- Publication
German Law Journal, 2020, Vol 21, Issue 2, p174
- ISSN
2071-8322
- Publication type
Article
- DOI
10.1017/glj.2020.8