“Today, I invite you to marvel at one of law’s most cherished illusions: proportionality — the principle that solemnly promises balance, yet defies human comprehension.”
Proportionality is the legal system’s polite way of saying, “The law promises not to overreact… unless it’s in the mood.” It’s a principle of fairness and justice — used by courts to assess whether a restriction on your rights, or an action taken by you or them in the name of law, was just annoying enough to be legal, but not theatrical enough to trigger a constitutional crisis.
It is a doctrine that asks:
- “Was this necessary?”
- “Was this suitable?”
- “Was this the least intrusive way to ruin someone’s day or life?”
It is one that checks whether the legal system — and everyone in it — remembered to pack a sense of scale. Spoiler: it often forgets.
Born in the meticulous halls of German administrative law — where even the coffee breaks are scheduled with precision — proportionality has since gone global.
In theory, it’s about balance. Examples...
- Did the police response match the protest?
- Did the punishment match the crime?
- Did the data collection match the actual risk?
- And did your action — yes, yours — reflect the severity of the situation, or was it just a legally sanctioned overreaction dressed as civic duty?
The Scale That Forgot Its Units
The Proportionality Test: A Legal Riddle in Four Acts
Now, if it help (maybe yes, maybe not), legal texts offer a four-part test. It sounds scientific. It isn’t.
- Legitimate Aim - The measure must pursue a lawful and important objective (e.g., public safety, national security).
- Suitability - The measure must be capable of achieving that aim.
- Necessity - There must be no less intrusive or restrictive alternative available.
- Balancing (Strict Sense) - The benefits of the measure must outweigh the harm or burden it imposes on individual rights.
Note: Courts often merge steps 3 and 4 depending on context.
Where It’s Used
• Constitutional Law: To assess limits on fundamental rights.
• Criminal Law: To ensure punishments fit the crime.
• Data Protection: To justify the scope of data collection and processing.
• International Humanitarian Law: To evaluate military necessity vs civilian harm.
Proportionality in Practice - has vibes
Data Collection: “We only collect what’s necessary.”
Necessary for what? For whom? For how long?
If your weather app needs your blood type, we’ve lost the plot.
Surveillance: “We monitor proportionally.”
Unless it’s Tuesday. Then we panic.
Content Moderation: “We remove harmful content proportionally.”Unless it’s satire. Then we overcorrect.
Social pains: “I responded proportionally.”
Did you really need to stalk someone with 100 emails because someone took your parking spot — or could a passive-aggressive Post-it have sufficed?
Final Thought
So the next time someone says “we acted proportionally,” ask them:
“Did you use a ruler with units — or just vibes and a vague sense of justice?”
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