Proportionality in Action

Mordechai Kremnitzer is Professor Emeritus of the Faculty of Law at the Hebrew University of Jerusalem and senior fellow at the Israel Democracy Institute. He was formerly Dean of the Law School, Vice President for Research at the Israel Democracy Institute and President of the Israeli Press Council. He is a leading Israeli expert on criminal and constitutional law, having headed several governmental committees, including examination of the use of force by the police, civic education and reform of the Israeli Criminal Code. Talya Steiner is a Ph.D. candidate at the Hebrew University Law School. She holds an LL.M. from Harvard Law School and an LL.B. from the Hebrew University of Jerusalem and is admitted to the Israeli Bar. She clerked at the Israeli Supreme Court, and has managed the 'Proportionality in Public Policy Project' at the Israel Democracy Institute, a six-year ERC funded project focusing on the balancing between rights and public interests in the policy process from a comparative and empirical perspective. She has previously published on the topic of non-discrimination in employment and equality commissions. Andrej Lang is a Senior Researcher at the Chair for Public Law, European Law and International Economic Law of the Martin Luther-Universität Halle-Wittenberg, Germany and former research fellow at the Israel Democracy Institute. He holds a Ph.D. from Freie Universität Berlin, an LL.M. from New York University and is admitted to the Bar in Berlin and in New York. He was a visiting scholar at Yale Law School and at Harvard Law School and has authored a number of articles in constitutional law.

• Introduction. Analyzing proportionality comparatively and empirically Talya Steiner, Andrej Lang and Mordechai Kremnitzer; 1. Proportionality analysis by the German Federal Constitutional Court Andrej Lang; 2. Proportionality analysis by the Canadian Supreme Court Lorian Hardcastle; 3. Proportionality analysis by the South African Constitutional Court Richard Stacey; 4. Proportionality analysis by the Israeli Supreme Court Talya Steiner; 5. Proportionality analysis by the Polish Constitutional Tribunal Anna Śledzińska-Simon; 6. Proportionality analysis by the Indian Supreme Court Aparna Chandra; 7. Comparative and empirical insights into judicial practice: towards an integrative model of proportionality Talya Steiner, Andrej Lang and Mordechai Kremnitzer; Index.

'It lifts the discussion on proportionality out of the theoretical plane and places in squarely in the realm of the empirical. Their contribution is in other words exceptionally important, in steering the normative debate from a spiral of theoretical debates lifting ever further from the ground, to one shaped by the reality of practice. It is in short a considerable feat of comparative empirical constitutional scholarship.' Liora Lazarus, Associate Professor in Law, University of Oxford