Test of proportionality requires legitimate aim, rational connection, minimal impairment and evidence-based balancing of rights. The test of proportionality requires: a legitimate aim; a rational connection between measure and aim; minimal impairment by considering feasible alternatives that realise the objective in a real and substantial manner; and a balancing stage that weighs the impact on the right against the public purpose. Necessity involves identifying feasible alternatives, assessing their effectiveness and differing impacts, and making an overall comparative judgment. Balancing must be rooted in empirical evidence where possible, with measured deference to institutional expertise and scrutiny where data or parliamentary deliberation is lacking.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Test of proportionality requires legitimate aim, rational connection, minimal impairment and evidence-based balancing of rights.
The test of proportionality requires: a legitimate aim; a rational connection between measure and aim; minimal impairment by considering feasible alternatives that realise the objective in a real and substantial manner; and a balancing stage that weighs the impact on the right against the public purpose. Necessity involves identifying feasible alternatives, assessing their effectiveness and differing impacts, and making an overall comparative judgment. Balancing must be rooted in empirical evidence where possible, with measured deference to institutional expertise and scrutiny where data or parliamentary deliberation is lacking.
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