The principle of proportionality on the jurisprudence of the constitutional court

Rainer Arnold, José Ignacio Martínez Estay, Francisco Zúñiga Urbina

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33 Scopus citations

Abstract

This text refers to the origin, development and meaning of the principle of proportionality, according to its evolution in case law, both comparative law and in our legal system. The principle of proportionality has its roots in Germany, being developed by the constitutional jurisprudence of this country, and then expand its application in Europe, the American system of human rights and the various Latin American countries. Thus, the paper examines the emergence and development in Europe the principle of proportionality and its application made by the jurisprudence of the Constitutional Court, considering a statement of the statements that are considered more representative in this regard.

Translated title of the contributionThe principle of proportionality on the jurisprudence of the constitutional court
Original languageSpanish
Pages (from-to)65-116
Number of pages52
JournalEstudios Constitucionales
Volume10
Issue number1
DOIs
StatePublished - 2012

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