THE CONCEPT OF PROPORTIONALITY : A STUDY OF DEVELOPMENT OF LEGAL PRINCIPLES AND APPLICATIONS BY US SUPREME COURT AND GERMAN CONSTITUTIONAL COURT

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เกื้อ เจริญราษฎร์

Abstract

Proportionality is one of the most important legal principles of constitutional right adjudication. In many  states where democratic values had been rooted, Proportionality became the crucial part for constitutional review. Even though Proportionality was shaped and established in Romano-Germanic legal system, especially German legal system but the concept of Proportionality has also appeared in USA which has common law legal system. Not only Proportionality is the important mechanism for right adjudications by Federal Constitutional court of Germany but also for the Supreme Court of USA. Because the concept of Proportionality has the role as protective shield of Constitution Supremacy.  

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