Proportionality
From German law (Verhältnismäßigkeit)
Constitutional and public law
What it means
A test for when the state may limit a right. The limit must pursue a legitimate aim, be suitable and necessary to achieve it, and be proportionate overall: the benefit must justify the harm to the right.
Why it travels badly
The US uses tiers of scrutiny, strict, intermediate and rational basis, which depend on the kind of right or the kind of classification involved, not a single structured balancing test. The English 'reasonableness' test asks a different question: whether the decision was one no reasonable authority could have made.
How other systems say it
Verhältnismäßigkeit
Three steps: suitability, necessity and proportionality in the narrow sense. Used by the Federal Constitutional Court in nearly every rights case.
proportionality versus Wednesbury unreasonableness
Wednesbury (1948) sets a high bar for challenging a decision. In human-rights cases, courts use proportionality, as in Bank Mellat v HM Treasury (No 2) (2013).
levels of scrutiny
Courts apply strict, intermediate or rational-basis review, depending on the right or the group concerned.
Tip for translators and students
Keep the three steps in mind: if a text speaks of 'proportionate', check whether it means the German-style structured test or just 'reasonable'.
Related: Rechtsstaat, Human dignity, Judicial review
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
