The Applicability of the Proportionality Analysis to Equality Rights Reasoning
The Applicability of the Proportionality Analysis to Equality Rights Reasoning
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Description
This book solves a critical problem in constitutional law: the inconsistent application of the proportionality analysis to equality rights.
Despite proportionality being the world's preeminent method for constitutional rights adjudication, scholars and judges struggle when applying it to equality claims.
This book delivers a coherent framework for applying proportionality to equality rights that draws from both civil and common law jurisdictions: Canada, the US, Germany, and Austria.
The book analyses the whole corpus of equality rights cases of the Supreme Court of Canada, including its latest landmark decisions Quebec (Attorney General) v. Kanyinda (2026) and R. v. Sharma (2022). By proposing a new, step-by-step structure, the book resolves the theoretical and practical issues that currently plague Courts.
Table of Contents
1. The Unique Structure of Equality Rights and its Relation to Proportionality
2. Equality Rights Jurisprudence in Canada
3. The Interplay of Proportionality and Equality Rights in Canada
4. Common Problems of Applying Proportionality to Equality Rights Reasoning
Conclusion: The Applicability of the Proportionality Analysis to Equality Rights
Product details
| Published | 13 May 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 272 |
| ISBN | 9781509997688 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Series | Hart Studies in Constitutional Theory |
| Publisher | Bloomsbury Publishing |
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