Proportionality during Times of Crisis: Precautionary Application of Proportionality Analysis in the Judicial Review of Emergency Measures

Abstract

The need for a standard of review even during times of crisis – proportionality analysis as the ideal and universally applicable standard of review – the problem of excessive stringency of proportionality analysis during an emergency – the principle of in dubio pro libertate as the cause of the problem – adjusting each component of proportionality analysis to the precautionary principle as the solution – the precautionary application of proportionality analysis strikes a more appropriate balance between excessive stringency and insufficient protection of fundamental rights