proportionaliteten

Proportionaliteten, known in English as the proportionality principle, is a foundational concept in law and political theory. It holds that public authorities may exercise power and impose measures only to the extent that those measures are appropriate, necessary, and proportionate to achieving a legitimate aim. The principle is used to prevent state actions from being excessive or arbitrary in relation to the purpose they pursue.

A common framework for applying the principle is a three-step test. First, the measure must be suitable or capable of achieving the legitimate objective. Second, a less intrusive means must be unavailable or unsuitable; in other words, the action must be necessary. Third, the benefits of the measure must outweigh its negative consequences, when weighed against the severity of the rights affected or harms caused.

Proportionaliteten has wide applicability. It is central in constitutional and human rights law, where courts review executive or legislative actions such as surveillance, restrictions on freedom of expression or assembly, and limits on property or privacy. It also features prominently in administrative decision-making, immigration control, taxation, and EU law, where proportionality checks balance competing interests.

Originating in German legal thought as Verhältnismäßigkeit, the principle spread across European legal systems and international jurisprudence. While the core idea is broadly shared, its precise formulation and emphasis can vary by jurisdiction and legal tradition. Critics note the potential for subjective balancing and divergent outcomes in different legal cultures, but the principle remains a common tool to ensure that state power is exercised with restraint.