رقابة القاضي الدستوري على التناسب في القانون

Abstract EN

Proportionality is a technical means used by the constitutional judge to ensure that there is a logical, balanced and acceptable link between the legislative solution and its purpose.

The constitutional judge relies on this link to decide the constitutionality or unconstitutionality of the law, and focuses on the element of the subject matter of the law, and it does not matter whether it is with the reason, or the purpose, or both together.

As long as the constitutional description of the law is not achieved unless the subject of the law is proportional to the reason or purpose; As they represent the ideal case that should be appropriate to the subject of the law.

The French Constitutional Council practiced its review of the proportionality of the subject matter of the law based on three requirements : sufficiency, necessity, and proportionality.

While the Federal Supreme Court has not used the term proportionality, But it applied proportionality in its Adjudications in practice.