Law
Proportionality Analysis in Constitutional Rights Adjudication
Quick fact
Proportionality analysis originated in German constitutional law after World War II and has since spread globally, being adopted by courts in Canada, South Africa, the UK, and the European Court of Human Rights. For example, in the landmark German 'Apotheken' case, the court used proportionality to decide that a law restricting new pharmacies violated professional freedom.
Why this is interesting
When a government bans a protest or restricts free speech, how do judges decide if that is fair? The answer often comes down to a four-step test called proportionality—used by courts around the world to weigh rights against public interests.