Law
The Principle of Proportionality in Human Rights Adjudication
Quick fact
Proportionality is the most widely adopted legal test for human rights adjudication globally, used by the European Court of Human Rights, the UN Human Rights Committee, and many national constitutional courts. It requires that any limitation on a right must be (1) prescribed by law, (2) pursue a legitimate aim, (3) be suitable to achieve that aim, (4) be necessary (no less restrictive alternative), and (5) not be excessive in its impact on the right.
Why this is interesting
A court must decide whether a city can ban protests in a park to prevent noise complaints. How do judges weigh your right to assemble against your neighbour's quiet? The answer often lies in a seemingly simple question: is the restriction 'proportional'?