The Spread and Origins of the German Proportionality Doctrine

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dc.contributor.authorTaylor, G.
dc.contributor.editorHilpold, P.
dc.contributor.editorPerathoner, C.
dc.date.issued2023
dc.description.abstractThe three-part proportionality test (suitable, necessary and adequacy in balance) developed by Germany’s Federal Constitutional Court has conquered the world. But almost nothing is known of its origins. This essay proposes, on the basis of several items of circumstantial evidence, that Gerhard Leibholz (1901–1982), Judge of the Court from 1951 to 1971 and professor of law, may have had the leading role in its development. His early writings from the mid-1920s strikingly presage the development of the test; it suited his broader judicial agenda; he was a Judge when it was developed, even if on the “wrong” side of the Court; and it was developed in an area of law in which he was the acknowledged expert.
dc.description.statementofresponsibilityGreg Taylor
dc.identifier.citationVölkerrecht – Europarecht – Deutsches Recht : Festschrift für Professor Gilbert Gornig, 2023 / Hilpold, P., Perathoner, C. (ed./s), vol.II, pp.563-593
dc.identifier.isbn9783756010844
dc.identifier.orcidTaylor, G. [0000-0002-9393-9134]
dc.identifier.urihttps://hdl.handle.net/2440/139352
dc.language.isoen
dc.publisherNomos/Facultas
dc.publisher.placeVienna, Austria
dc.rights© 2023 Facultas Verlags- und Buchhandels AG
dc.source.urihttps://www.facultas.at/item/Voelkerrecht__Europarecht__Deutsch/Peter_Hilpold/Christoph_Perathoner/62969834?back=0daadcc619f5b52bc03eca58e283046d
dc.titleThe Spread and Origins of the German Proportionality Doctrine
dc.typeBook chapter
pubs.publication-statusPublished

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