In many jurisdictions, the principle of proportionality is actually used by judges as basic standard in the process of judicial review of laws limiting constitutional rights. But what is the normative foundation of the principle of proportionality ? The purpose of this text is to provide one...

Four questions dominate normative contemporary constitutional theory: What is the purpose of a constitution? What makes a constitution legitimate? What kinds of arguments are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate...