Proportionality Test
/ˌproʊ.pɔːrˈʃə.nəˌlɪ.ti tɛst/
Definitions
- (n.) A legal analysis used to assess whether a law or action is justified by balancing the severity of its effects against the importance of the objective it seeks to achieve.
The court applied the proportionality test to determine if the restriction on speech was lawful.
- (n.) A three-step inquiry in constitutional and human rights law involving suitability, necessity, and balancing to evaluate the fairness of government measures.
Under the proportionality test, the measure must be suitable, necessary, and proportionate in a strict sense.
Forms
- proportionality tests
Related terms
See also
Commentary
The proportionality test is central in constitutional and administrative law; it requires careful drafting to clearly define the legitimate aim and to substantiate the necessity and suitability of the measure under review.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.