Proportionality in Australian Constitutional Law

Proportionality in Australian Constitutional Law

By Shipra Chordia


Selected as the winner of the 2019 Holt Prize by The Hon Professor William Gummow AC, The Hon Justice Alan Robertson and Ruth Higgins SC, Proportionality in Australian Constitutional Law considers the concerns that have been raised regarding the doctrine of proportionality and how these might be addressed. Since its first introduction into Australian constitutional law, there have been debates regarding its use. Recent cases, in particular, have seen a splintering on the High Court, with some judges expressing support for proportionality as a useful tool in certain contexts, and others expressing deep reservations about it. Against this background, Chordia proposes a theoretical framework for proportionality, and uses it to explore a critical question: when, if at all, is proportionality an appropriate analytical tool in Australian constitutional adjudication?

As observed by The Hon Sir Anthony Mason in his Foreword, Chordia’s book: “is the product of wide-ranging research and scholarship, aided by a clear understanding and explanation of the complex issues which arise. This book provides an illuminating account of structured proportionality, its strengths and weaknesses. As such, the book is an important addition to the Australian Constitutional Law bookshelf.” See full Foreword and Table of Contents here.


Published 21 September 2020
Publisher The Federation Press
ISBN 9781760022426
Australian RRP $120.00
International Price $110.00