History
Proportionality Analysis in Constitutional Rights Adjudication
Quick fact
Proportionality analysis originated in German constitutional law and has since been adopted by courts worldwide, including the European Court of Human Rights, the Supreme Court of Canada, and the Constitutional Court of South Africa. It is sometimes called the 'most globalized legal doctrine of the twentieth century.'
Why this is interesting
When a government passes a law that restricts your freedom of speech, how do you decide if that restriction is fair or unconstitutional? You might think there's a clear rule, but courts often use a hidden step-by-step method—proportionality—to tackle such conflicts.