An Australian Looks at the German 'Proportionality'

University of Notre Dame Australia Law Review, Vol. 1, No. 1, January 1999

18 Pages Posted: 14 Oct 2007 Last revised: 17 Jan 2011

Patrick Quirk

Ave Maria School of Law; Thomas More Law School; Bond University School of Law

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.

Keywords: proportionality, german law, australian law

Suggested Citation

Quirk, Patrick, An Australian Looks at the German 'Proportionality'. University of Notre Dame Australia Law Review, Vol. 1, No. 1, January 1999. Available at SSRN: https://ssrn.com/abstract=1019904

Patrick Quirk (Contact Author)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5303 (Phone)
(239) 687-5340 (Fax)

HOME PAGE: http://www.avemarialaw.edu

Thomas More Law School ( email )

Level 20, Tenison Woods House, 8-20 Napier St
North Sidney, NSW 2060
Australia

Bond University School of Law ( email )

Gold Coast, QLD 4229
Australia
+61 7 55 95 1111 (Phone)
+61 7 55 95 2246 (Fax)

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