Poscher, R. (2021). Proportionality and the Bindingness of Fundamental Rights. In E. Billis, N. Knust, & J. P. Rui (Eds.), Proportionality in crime control and criminal justice (pp. 49–68). Oxford: Hart Publishing. doi:10.5040/9781509938636.ch-003
The proportionality principle has developed over time to become a – and in some jurisdictions, such as Germany, the – central standard of constitutional law and human rights. The principle has witnessed a meteoric rise both in Germany and abroad. It has also been incorporated into international human rights law. I will focus on the German development for three reasons of increasing importance. First, pragmatism: I am most familiar with the situation in Germany. Second, history: the international success story of the proportionality principle – at least as portrayed by Aharon Barak – originated in Germany. Third, analysis: German constitutional history reveals most clearly and explicitly the functional, systematic problem that the principle of proportionality is designed to solve.