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Glossary

Proportionality

constitutional

A structured test for whether a limitation on rights is justified.

In more detail

Typically four stages: legitimate aim, suitability, necessity (least restrictive means) and overall balance. Developed in German constitutional law, it is now used by courts across Europe, Canada, South Africa, India and international tribunals, making it the closest thing to a global constitutional method.

Related terms

  • due-process
  • judicial-review

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Definitions are general. How a term operates depends on the jurisdiction you are in.