The Migration of proportionality across Europe

Research output: Contribution to journalArticle

Abstract

Proportionality is one of the most successful legal transplants. However, there is disagreement on whether there is any justification for the migration of proportionality across jurisdictions. This article aims to answer this question concerning the migration of proportionality across Europe. Existing literature justifies this migration as a matter of conceptual necessity. The claim is that there is a necessary conceptual connection between constitutional rights and proportionality such that proportionality must be used whenever and wherever constitutional rights adjudication exists. In contrast, this article offers a normative justification for borrowing proportionality. A variety of reasons can justify a migration of proportionality to a new context. However, there is a common denominator between the different migrations, namely, that proportionality is normatively necessary for the adjudication of constitutional rights.
Original languageEnglish
Pages (from-to)483-515
Number of pages33
JournalNew Zealand journal of public and international law
Volume11
Issue number3
Publication statusPublished - 2013

Fingerprint Dive into the research topics of 'The Migration of proportionality across Europe'. Together they form a unique fingerprint.

  • Cite this