The Principle of Proportionality and Its Role in the Interpretation of Fundamental Rights and Freedoms

Abstract

The aim of this monograph is to describe and develop theory of the proportionality principle in deciding cases involving limits of fundamental rights. This principle is scrutinized from historical sources as well as doctrinal views and judicial practice after World War II.

A development of this principle in the constitutional law of the Federal Republic of Germany is described in detail. Furthermore the author characterizes this principle as a modern method of constitutional reasoning in the Czech constitutional law.

Keywords

• principle of proportionality
• fundamental rights
• collision of fundamental rights
• constitutional reasoning