The Structure of the Proportionality Test

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print July 2012 | ISBN: 9780199662463
Published online September 2012 | e-ISBN: 9780191743405 | DOI:
The Structure of the Proportionality Test

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This brief chapter explains the four sub-tests of the principle of proportionality and their role in rights reasoning. The last step of the proportionality test, balancing of proportionality in its narrower sense, is analysed by means of the law of balancing. The famous weight formula, developed by Alexy in his postscript to A Theory of Constitutional Rights (OUP 2002) is then introduced and developed further. The different variables of the weight formula are briefly described — including the variables related to the intensities of interference with principles, their abstract weights, and epistemic reliability. The triadic scale and the use of numbers in proportionality analysis is explicated.

Keywords: proportionality; balancing; principles; weight formula; law of balancing; epistemic reliability; abstract weights; rights reasoning

Chapter.  2997 words. 

Subjects: Constitutional and Administrative Law

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