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
- Rashid B. Bulatov
- Aleksandr S. Mikhasev
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