An Australian Looks at the German 'Proportionality'

Abstract:     
This article describes the proportionality doctrine in German constitutional law and makes some comparisons with the Australian phenomenon of the same name. The author's prime purpose is not exhaustive comparison, rather it is hoped that a clear and adequate description of German proportionality will open a dialogue between Australian and German constitutional orders. Of all European countries, it is typical of German jurisprudence to have the most refined and thoroughly reasoned proportionality doctrine and this alone makes the topic worthy of Australian interest since proportionality is in its relative infancy in this country. If Australian "fundamental rights" jurisprudence is to develop, it is submitted that Australian courts can learn valuable lessons from the depth of German experience in this area.

Number of Pages in PDF File: 18

Keywords: proportionality, german law, australian law

Accepted Paper Series