Instructor(s): Aharon Barak

For graduate students, the course number is LAW5055HF.

Course Location: Please see the "Intensive Course Schedule" under Schedules and Timetables

Note: Students may enroll in an intensive course that conflicts with a regular course as an exception to the general rule that students may not take courses which conflict on the timetable. Attendance at intensive courses is mandatory for the duration of the course and takes precedence over regular courses.

In many countries (e.g., Canada, Germany, Spain, Brazil, Israel), and under some International documents (e.g., the European Convention for the Protection of Human Rights and Fundamental Freedoms), the regular legislature can take action affecting constitutional rights that are part of the Bill of Rights, so long as such effect is proportional (that is, suitable and necessary to achieve legitimate government ends and properly balanced). This course will look into the concept of proportionality, its scope and its rationales. We shall do so on a comparative law basis. We shall compare it with American jurisprudence, while trying to see whether constitutional rights are better protected by the American method of categorization or by a proportionality analysis. We shall follow the development of proportionality in recent American Constitutional Law and evaluate its place in the constitutional scheme of things.

Students will be required to write a paper of 2500 to 3000 words. Papers must be delivered to the Records Office by 4:00 p.m. on November 18, 2016.

At a Glance

First Term



18 JD


Monday, October 17, 2016: 12:30 - 2:00
Tuesday, October 18, 2016: 2:10 - 3:50
Wednesday, October 19, 2016: 12:30 - 2:00
Thursday, October 20, 2016: 2:30 - 4:00
Friday, October 21, 2016: 12:30 - 2:00
Monday, October 24, 2016: 2:10 - 4:00
Tuesday, October 25, 2016: 4:10 - 5:40
Wednesday, October 26, 2016: 2:30 - 4:00
Thursday, October 27, 2016: 12:30 - 2:00