Criticism of the structure and application of the constitutional principle of proportionality

The proportionality principle, both in the jurisprudential practice of constitutional courts and in the literature, is considered as the basic criterion for the assessment of the state’s activities in terms of its compliance with a constitution. However, this does not change the fact that part of the doctrine for various reasons considers the test of proportionality to be an imperfect tool, thus raising critical remarks both towards the (theoretical) construction of the principle of proportionality, as well as the practice of its application being flawed.