The Applicability of the Proportionality Analysis to Equality Rights Reasoning
The Applicability of the Proportionality Analysis to Equality Rights Reasoning
Buying pre-order items
Ebooks and Audiobook
You will receive an email with a download link for the ebook or audiobook on the publication date.
Payment
You will not be charged for pre-ordered books until they are available to be shipped. Pre-ordered ebooks will not be charged for until they are available for download.
Amending or cancelling your order
For orders that have not been shipped you can usually make changes to pre-orders up to 72 hours before the publishing date.
Payment for this pre-order will be taken when the item becomes available
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.
Accessibility Information
Additional accessibility information
- EPUB 3.0
- Conforms with the requirements of EPUB Accessibility Spec v1.1
- WCAG level AA
- WCAG v2.2 compliant
- accessibility@bloomsbury.com
Hazards
The publication contains no hazards
Support for non-visual reading
- No accessibility features offered by the reading system, device or reading software are disabled or otherwise unusable with the product
- Has alternative text descriptions for images
Visual adjustments
Appearance of the text and page layout can be modified according to the capabilities of the reading system (font family and size, spaces, as well as color of background and text)
Navigation
- Page list to go to pages from the print source version
- Elements such as headings, tables, etc for structured navigation
- All or substantially all textual matter is arranged in a single logical reading order
- Content is enhanced with ARIA roles to optimize organization and facilitate navigation
- Purposes of all links are made clear
Rich content
Language tagging provided
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 | 15 Apr 2027 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 272 |
| ISBN | 9781509997695 |
| Imprint | Hart Publishing |
| Series | Hart Studies in Constitutional Theory |
| Publisher | Bloomsbury Publishing |
Related Titles
