Krytyka Prawa. Niezależne Studia nad Prawem

Zasada proporcjonalności w orzecznictwie TK i ETPC – analiza prawno-porównawcza

Michalska, Magdalena

Uniwersytet Jagielloński w Krakowie

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Abstract

The purpose of the article is the legal and comparative analysis of how the principle of the proportional restriction of the rights and freedoms of an individual is understood by the Constitutional Tribunal and the European Court of Human Rights. The author made a comparative profile of selected statements of the indicated judicial bodies, which refer to the essence, theoretical basis, structure and the practical application of the concept of proportionality, which allowed for distinguishing the basic similarities and differences between how proportionality is perceived by the CT and how it is viewed by the ECHR. The main thesis of the paper assumes that the most important and the most far-reaching differences concern the proportionality test structure as presented by both judicial bodies, as well as some practical aspects of the application of the test in the circumstances of specific actual states, however, the essence itself and its axiological basis remain similar in both cases.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 14 
Issue 2 
Issue date 6/2022 
Type Article 
Language pl
Pagination 80-98
DOI 10.7206/kp.2080-1084.524
ISSN 2080-1084
eISSN 2450-7938