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What is Proportionality in Punishment? In criminal law, the principle of proportional justice is used to describe the idea that the punishment of a certain crime should be in proportion to the severity of the crime itself.

Proportionality test is a legal method used by courts, typically constitutional courts, to decide hard cases, which are cases where two or more legitimate rights collide. In such cases a decision necessarily leads to one right pre- vailing at the expense of another.

The principle of proportionality prohibits attacks which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

The advantage of the terminology of proportionality is that it introduces an element of structure into the exercise, by directing attention to factors such as suitability or appropriateness, necessity and the balance or imbalance or benefits and disadvantages.

The principle of proportionality prohibits attacks against military objectives which are “expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated”.

Proportionality test is a legal method used by courts, typically constitutional courts, to decide hard cases, which are cases where two or more legitimate rights collide. In such cases a decision necessarily leads to one right pre- vailing at the expense of another.

Proportionality is a general principle of EU law. It restricts authorities in the exercise of their powers by requiring them to strike a balance between the means used and the intended aim.

The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the ...

The analysis of proportionality is made up of three sub-principles: adequacy, necessity, and proportionality stricto sensu.