Appraisal Of The Proportionality Principle In Realization Of Constitutional Rights And Freedoms

The development of the proportionality principle is an essential part of the process of human rights protection in the world. The principle is used in the interpretation of limitations clauses to human rights and freedom. The principle also applies in administration, legislation and adjudication. The proportionality principle is fundamental in any limitation clause, any law limiting human rights must be proportional; it needs to have a proper purpose, rational connection, necessary means and must be proportional stricto sensu. The author argues that the proportionality principle is subject to be used in a way that limits the realization of the fundamental rights as it requires the discretion of courts and objectivity depending on the circumstances.

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