Proportionality (law)
Several distinct principles of law / From Wikipedia, the free encyclopedia
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This article is about the legal principle. For other uses, see Proportionality.
Proportionality is a general principle in law which covers several separate (although related) concepts:
- The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act.
- Within criminal law, the concept is used to convey 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.
- Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs.[1]