Citation:
YE Huicheng. The Conception of Proportionality and Its Universalization[J]. Academic Monthly, 2025, 57(9): 112-123.
The Conception of Proportionality and Its Universalization
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Abstract
The principle of proportionality is globally influential, yet its underlying conception is often misunderstood. Prevailing scholarship interprets it through a 'conception of limitation', viewing it merely as a restriction on either public power or fundamental rights. This paper argues that such a view is internally inconsistent and fails to capture the principle's essence. Instead, this paper proposes a 'conception of balance' rooted in the ethical doctrine of double effect. From this perspective, proportionality serves to optimally balance conflicts between fundamental rights and public interests, producing a dual rather than a singular restrictive effect. This interpretation not only offers a more coherent theoretical framework, distinct from cost-benefit analysis, but also provides a flexible ethical foundation that facilitates the principle's universalization and localization.
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Access
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[1]
SHI Dan
, LI Peng
. The Least-Cost Path for Energy Use in the Process of Modernization——Scenario Analysis and Theoretical Examination. Academic Monthly,
2026, 58(1): 45-58.
-
[2]
XU Yong
. Community Consolidation through Institutions: An Analysis of the Micro-institutions of Small-Scale Groups. Academic Monthly,
2026, 58(3): 77-90.
-
[3]
ZHANG Yahui
, Xia Dao Cai Rang
. Mandala and Shambhala: An Anthropological Analysis of the Origin Myth for the Ches-pa Tribe. Academic Monthly,
2026, 58(1): 158-169.
-
[4]
DING Huiping
. Invisible Governance and the Rebuilding of Local Social Order: A Historical Sociology Analysis of Qi Biaojia's Famine Relief Action in Late Ming Dynasty. Academic Monthly,
2026, 58(3): 143-154.
-
[5]
HU Yiqing
, MA Zhihao
, ZONG Yixiang
. A Decade Review and Evaluation of the Development in the Discipline of Journalism and Communication (2009—2018)——Analysis Based on the Comprehensive Index of Humanities and Social Sciences. Academic Monthly,
2026, 58(6): 206-216.
-
[6]
DI Jinhua
, XIAO Mingjia
. The Production of Flexibility in Local Governments and the Softening of Budgetary Constraints——An Analysis Based on Township-Owned Enterprises in Xixiang. Academic Monthly,
2026, 58(1): 147-157.
-
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