THE FUNDAMENTALS OF PROPORTIONALITY UNDER THE PERSPECTIVE OF PRUSSIAN, GERMAN AND US LAW
Abstract
This article proposes to verify the foundations of proportionality, using Prussia, Germany and the United States of America as a parameter. It presents the origin of proportionality as a rational decision-making method in Prussian Administrative Law, limiting the government and its police power (Rechtsstaat). It discusses the use of this methodology by the German Constitutional Court to implement and materialize constitutional rights in the face of restrictive measures of rights imposed by the State. Finally, the negative precedents of proportionality in the Constitutional Law of the United States of America are exposed, which were marked by the formalism and absolutism of constitutional individual rights. The paradigmatic cases Kreuzberg-Urteil, The Weavers, Apotheken Urteil, Lüth Urteil, Lochner vs. New York and Dennis vs. United States are commented on.
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