Proportionality and Policy Analysis: An Integrative Discussion and Its Implications

Proportionality analysis is a legal concept that presents a set of normative requirements that policies must meet in order to protect constitutional rights. Policy analysis is a method used in the process of developing, evaluating and selecting public policy. In practice, the lack of an integrative discussion of legal proportionality and policy analysis results in a lack of applicable guidelines for policy-makers on how to integrate proportionality into the policy-making process for the purpose of protecting rights. In this paper, we present the first integrative discussion of policy analysis and legal proportionality in order to specify a method of meaningful integration of the proportionality requirements into policy analysis. 

This article will be published in Mishpat U Mimshal (forthcoming 2020).

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