This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test suitability, necessity, and balancing it considers the nature of these facts visavis the facts that arise in the course of ordinary litigation. The books central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages.The book has three broad aimsFirst, it considers the role of facts within proportionality reasoning.Second, it offers procedural insights into factfinding in constitutional litigation.Third, the books analysis of the dynamic Australian caselaw on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a...

Binding: Paperback;222 pages; Publisher: Bloomsbury Publishing PLC; Classification: LND; Weight: 474 g; Dimensions: 154 x 233 x 16

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