Proportionality and Rationality

Abstract

The article sets out the author’s concept of proportionality, on the basis of which the Federal Constitutional Court of the Federal Republic of Germany is able to make rational and reasoned decisions on the revision of legislation relating to violations of constitutional rights, which the author qualifies as constitutional principles. The concepts of proportionality and rationality are built on the conceptual and categorical apparatus formulated in other works by the author, which includes such concepts as norms, rules, principles, optimization, the Law of Balancing and others. The Law of Balancing is a specific form of applying the principles of law. The paper uses a broad analytical approach to the issues under study, and therefore its content is abundant in formulas. Using the formulas, the author analyses court cases on various issues that relate to violations of constitutional rights. The author’s opinions and conclusions are of interest to Russian legal science and court practice.