1. For a recent discussion of the notion of constitutional identity, see Gary Jacobsohn, Constitutional Identity (2010).
2. This is Alexy's own formula. See Robert Alexy, A Theory of Constitutional Rights 102 (2002) (“The greater the degree of non-satisfaction of, or detriment to, one principle, the greater the importance of satisfying the other.”).
3. Dworkin , supra note 14 at 91.
4. In a recent report published in the AHRC Public Policy Series, it is noted that many explicit and implicit uses of proportionality-style reasoning have been registered, in particular in the Joint Committee of Human Rights. Murray Hunt et al., Parliaments and Human Rights: Redressing the Democratic Deficit, 5 AHRC Pub. Pol. Series, 2012, at 40.
5. Loughlin Martin , The Idea of Public Law 4 (2003). See also Robert Cover, Nomos and Narrative, 97 Harv. L. Rev. 4 (1983) (making the point that constitutions need narratives for determining their content).