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B. Proportionality

In summary, proportionality is a general principle employed to assess when and to what extent a state may encroach on a protected right.  It is usually framed as “harms of a state measures (in terms of invasion / impact) must not outweigh the importance of the measure (in terms of aim it pursues and its efficacy to so pursuing)” or “a measure must not be disproportionate to its impact, that there be balance between need for the measure and its effect”.

 

As the law currently stands, proportionality is not yet a free-standing ground for judicial review but usually is considered part of the analysis when constitutional challenges are made against administrative acts and/or enactments (such as ordinances or regulations) where protected rights are engaged.