CONSTITUTIONAL PROPORTIONALITY REVISITED: BALANCING RIGHTS IN CONTEMPORARY DEMOCRATIC SYSTEMS
Authors
Lukas Weber ()Files
Key Information
Journal
Published in Vol. 1 No. 1 (2026) of Omega Journal of Legal Studies and Policy.
OMEGA Journal of Legal Studies and Policy is an international, peer-reviewed, open access journal dedicated to advancing scholarly research in law, legal systems, and public policy. The journal provides a platform for academics, legal practitioners, and policymakers to explore contemporary legal issues, promote critical analysis, and contribute to the development of legal frameworks at national and global levels.
Key Highlights:
- Peer-reviewed (Double-blind)
- Open Access Journal
- Monthly Publication
- International Scope
Frequency of Publication: Monthly
Languages: English, Polish and Russian
Publication Format: Electronic
ISSN (E): 3072-4686
About the Journal
Abstract
The principle of proportionality has emerged as a central doctrinal tool in constitutional adjudication across democratic systems. While widely adopted, its application remains contested, particularly in contexts involving competing fundamental rights and state interests. This paper critically re-examines proportionality as a method of constitutional reasoning, arguing that its perceived neutrality obscures underlying normative choices. Drawing on comparative constitutional jurisprudence, the study develops a structured critique of the proportionality test and proposes a refined analytical framework that enhances transparency in judicial decision-making. The paper contributes to legal scholarship by rethinking proportionality not merely as a balancing tool but as a site of constitutional interpretation shaped by institutional and political contexts.
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