The Principle of Proportionality and Its Test Criteria

The article examines the principle of proportionality as a fundamental element of the legal system, reveals the concept and content of the proportionality test. The principle of proportionality is considered through the prism of its definition and key elements: legitimate purpose, relevance, necessity and balancing of interests. They contribute to an in-depth understanding of the principle of proportionality and its significance in legal practice, as well as to identify the main aspects of its content and application. And to assess compliance with the principle of proportionality in specific situations, a proportionality test is used, which helps to assess the legality and validity of regulatory and law enforcement acts by determining the purpose, effectiveness and necessity of their adoption and application. The final part of the study presents the author’s conclusions on the importance of using the proportionality test in legal practice to determine the effectiveness of the principle of proportionality.

Authors

Publication Details

Journal
Administrative law and procedure
Published
2024-11-07
DOI
https://doi.org/10.18572/2071-1166-2024-11-21-24
Citations
2
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
4.46
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article

The Principle of Proportionality and Its Test Criteria

Rashid B. Bulatov, Aleksandr S. Mikhasev
2 citations
Administrative law and procedure
International Law and Human Rights
4.46
article

The Principle of Proportionality and Its Test Criteria

Rashid B. Bulatov, Aleksandr S. Mikhasev
article en
2 citations

Abstract

The article examines the principle of proportionality as a fundamental element of the legal system, reveals the concept and content of the proportionality test. The principle of proportionality is considered through the prism of its definition and key elements: legitimate purpose, relevance, necessity and balancing of interests. They contribute to an in-depth understanding of the principle of proportionality and its significance in legal practice, as well as to identify the main aspects of its content and application. And to assess compliance with the principle of proportionality in specific situations, a proportionality test is used, which helps to assess the legality and validity of regulatory and law enforcement acts by determining the purpose, effectiveness and necessity of their adoption and application. The final part of the study presents the author’s conclusions on the importance of using the proportionality test in legal practice to determine the effectiveness of the principle of proportionality.

Administrative law and procedure
Openalex Percentile: Top 4%
International Law and Human Rights
4.46
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The Principle of Proportionality and Its Test Criteria — Rashid B. Bulatov, Aleksandr S. Mikhasev · Administrative law and procedure (2024) | TGRS Research Map | TGRS