Understanding Proportionality Analysis

Proportionality in Australian Constitutional Law by Shipra Chordia

Abstract

The use of proportionality reasoning to determine whether there has been an actionable breach of constitutional rights is spreading around the globe. Except in assessing the constitutional validity of legislation claimed to infringe the implied freedom of political communication, it has not taken root in Australia. If, as claimed in its favour, proportionality reasoning can promote transparency and accountability, should it be more widely adopted in this country; or is it in all respects an exotic jurisprudential pest? By explaining the concept, its legal history, and the staged reasoning of structured proportionality, Proportionality in Australian Constitutional Law by Shipra Chordia provides context and clarity for those engaged in the debate. Dr Chordia supports the role of proportionality reasoning in cases dealing with the implied freedom, but recognises and confronts the objections that have been raised. Her book raises important issues for the ongoing development of Australian constitutional law.