When determining whether the State's action was in pursuit of a legitimate aim, regard must be had as to whether the action of the State was necessary in a democratic society. Using a 'sledge hammer to crack a nut' is not allowed.
A European Community principle, which states that the action taken must be proportionate to the objective it is intended to achieve.
Also known as proportionability. A necessary condition for waging war under the Just War Theory and international law which require that the use of military force be in proportion to the desired objective in order to limit destruction of life and property. Commonly violated by analogy in the war on prenatal children whose destruction is all out of proportion to the objectives usually being sought.
Under the principle of proportionality, Union action may not exceed "what is necessary to achieve the objectives of the Union."
The Classical School believed that punishments could only deter if they were "proportional" to their crime, where proportionality means (1) that the severity of punishments correspond to the severity of the harm done by the crime, so that more serious crimes receive more serious punishments, and (2) that the type of punishment resembles the crime, so that others in society can best associate the punishment with the crime (see general deterrence). Beccaria further argues that proportionality is the only punishment that is morally acceptable according to the social contract. Examine Beccaria's arguments and play The Proportionality Game... or go straight to chapter 6 of Beccaria's On Crimes and Punishments
The name given to a principle of EC law whereby an act (e.g. by a public authority) is an abuse of power if it imposes greater restrictions than are necessary to achieve the proper purposes of the power in question.
The concept of proportionality is found in Thomas Acquinas' consideration of the Just War theory. He argued that warring activity should be proportionate to the aggression made and not excessive to that aggression. It is present in modern formulations of the just war theory and questions actions like the Atomic bombing of Hiroshima and Nagasaki in WW2. It is also found in the RC teaching on Euthanasia which holds that while Euthanasia is wrong, the excessive or overburdensom treatment of terminally ill patients may be wrong especially if the pain caused is disproportionate to the result of the procedure. Proportionalism as an ethical theory is a relatively new theory which tries to bridge the gap between the traditional Christian Natural Law ethic and the modern relativist Christian ethic, Situationism. It maintains that there there are basic moral laws which are only broken in extreme circumstances. See also Situationism, Natural Moral Law.
A difficult but important Compact principle of not burdening funded organisations out of proportion to the amount of funding and which especially applies to monitoring.
The principle by which a Community act should not go beyond what is necessary to achieve an objective set out in the Treaty.
The principle that the effects of a piece of legislation should be in proportion to the result it is intended to achieve.
The principle of not burdening funded organisations out of proportion to the amount of funding, which applies especially to monitoring. Guidance states that monitoring arrangements etc. should be proportionate to the level of, and risk to, the amount of funds involved.
Proportionality is a principle in law which although related covers two distinct concepts. Within municipal (domestic) law it is used to covey the idea that the punishment of an offender should fit the crime. Under international humanitarian law governing the legal use of force in an armed conflict, proportionality and distinction are important factors in assessing military necessity.