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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Proportionality

Iddo Porat

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Proportionality

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. Proportionality is a term that comes from the word ‘proportion’ and is used both in common language and in legal terminology to refer to a proper relation or balance between two or more items and to the avoidance of exaggeration or excess in one of them (Oxford Dictionary). 2. In law, proportionality is best known as a public law doctrine for the constitutionality of infringements on human rights. In the most general terms, an act that infringes on human rights would be constitutional according to proportionality only if the infringement is proportionate to the...
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