Part V Meanings/Textures, Ch.34 Proportionality (2)
Edited By: Michel Rosenfeld, András Sajó
Professor Schlink has surveyed the scope of proportionality in all respects. In this chapter, I want to focus on one area governed by proportionality, namely, that of a right grounded in the constitution that is limited by a sub-constitutional norm (such as an ‘ordinary’ statute or common law rule). Such a limitation is constitutional only if it is proportional. I will consider as well the application of proportionality in those legal systems (such as the United Kingdom, New Zealand, and the Australian state of Victoria) in which there is no constitutional bill of...