proportionerlighet

Proportionerlighet is a legal principle that requires actions taken by public authorities to be in proportion to the legitimate aim being pursued. It is a fundamental aspect of administrative law and human rights law in many jurisdictions. The principle dictates that the means used to achieve a particular objective should not be excessive or go beyond what is necessary.

To assess proportionerlighet, a three-part test is typically applied. First, the measure must be suitable or rational for achieving the intended objective. This means there must be a logical connection between the means and the end. Second, the measure must be necessary, meaning there should not be a less intrusive alternative available that could achieve the same objective with equal effectiveness. Third, the measure must be proportionate in a strict sense, meaning the benefits of achieving the objective must outweigh the harm or burden imposed on the individual or group affected.

Proportionerlighet serves as a crucial safeguard against arbitrary or excessive state power. It ensures that while authorities may have legitimate reasons to interfere with individual rights or interests, such interference must be carefully balanced and justified. This principle is often invoked in cases involving restrictions on fundamental rights, such as freedom of expression, privacy, or property rights, to ensure that any limitations are proportionate to the public interest they are meant to serve. The application of proportionerlighet requires a careful balancing of competing interests.