"Designed as a coursebook for use in law school teaching, this book introduces basic debates over what a constitution is and does, the nature of comparison, and the relationship(s) of constitutions to constitutionalism in its various forms. It explores how constitutions are made and changed, including recent applications of "unconstitutional constitutional amendment" doctrines, and the role of different institutions - legislatures, executives, publics, as well as courts - in constitutional interpretation and constitutional change. Following a detailed study of the structure and interpretive approaches of national apex courts that decide constitutional questions, it goes on to consider six subject areas of importance in contemporary constitutionalism: separation of powers and emergencies; federalism and related consociational constitutional arrangements; equality and pluralism; religion; free expressions; and positive rights or duties. The book emphasizes the need to understand the broader sociolegal contexts in which constitutional design and decisions occur, with excerpts of cases and scholarly material from every region in the world-from the Global South as well as Europe and North America. New materials since the Third Edition include expanded discussions of abusive constitutionalism, authoritarianism, and illiberalism; more systematic treatment of informal "conventions" or norms; responses of different constitutional actors to COVID-19; expanded treatment of gender equality and LGBTQ+ issues; and materials on indigenous peoples and on rights of nature"--

Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.