In Marciano, Alain and Giovanni Battista Ramello (Eds.). 2019. Encyclopedia of Law and Economics. Springer, Forthcoming
Posted: 1 Mar 2018
Date Written: February 19, 2018
Proportionality test is a legal method used by courts, typically constitutional courts, to decide hard cases, that is cases where legitimate rights collide. In such a case, a decision necessarily leads to one right prevailing at the expense of another. In order to decide such cases correctly, the court must balance the rights and the damage to them resulting from a judgment. This entry overviews the proportionality test and its individual steps. We also briefly discuss the incommensurability problem, which is the main criticism of the balancing approach.
Suggested Citation: Suggested Citation