Proportionality: the way ahead? United Kingdom Association of European Law Annual Address

|Speeches|Lady Justice Arden

” No-one can possibly quarrel with the basic idea of proportionality as a legal concept. Simply put, the proportionality principle for the purposes of this lecture means that no state or official or institution can interfere with an individual’s rights under the European Convention on Human Rights (“the Convention”) or under EU law, unless it shows that the interference with those rights is justified. The logic of the proportionality principle is impeccable. Its attraction is irresistible…”

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