Although the principle of proportionality is almost universally accepted in modern constitutional law and has continuously been in the focus of constitutional scholarship in recent years, we have recently witnessed a number of global trends that have posed a significant challenge to the traditional understanding of proportionality. The application of the principle played an important role in the famous PSPP judgment of the German Federal Constitutional Court in 2020 which has given great impetus to the debate on who should have the ultimate power in constitutional controversies in the era of multilevel constitutionalism. Then, the Covid-19 pandemic has also raised the question of whether there are special standards for the proportionality test in emergency situations, and if so, what they should be. In addition, the packed constitutional courts of populist countries also invoke the proportionality principle to defend illiberal measures. This sheds new light on the traditional key questions of proportionality, such as what its criteria are; how, as a judicial construct, it can be separated from political discretion; whether there is a well-developed doctrinal background to the principle; whether it is possible to standardise proportionality requirements in different constitutional systems; and how and why the specific versions and requirements of the principle differ in various countries.
The major aim of the proposed workshop is to provide an opportunity to discuss the theoretical issues of the proportionality principle in constitutional law in the changing circumstances of our times. This workshop is organised by the IACL Research Group on Constitutional Interpretation, which invites all scholars interested in the topic. The proposed presentation, not exceeding 500 words, should be uploaded here.
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