Proportionality – a German approach

This article briefly discusses the nature and character of the principles of proportionality in relation to administrative discretion in German public law. The author argues that its rigorous application is premised on Germany’s special historical context and its post-war determination to strengthen the protection of fundamental rights. Article by Dr Yutaka ARAI-Takahashi published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.