Proportionality (law)

The proportionality principle is a principle of law in Switzerland. It requires the weighing of actions in the public interest with respect to the resulting cuts in private interests and fundamental rights.

In the Federal Constitution of the Swiss Confederation, the principle in Article 5 ( right principles of government action ) is anchored: " State action must be in the public interest and be proportionate. "

There is one particular of the fundamental principles of the Swiss administrative law. Management measures must therefore be a suitable or convenient as well as a necessary means to enforce a public interest, and to be weighed against the intervention in the affected private interests. Engagement purpose and engaging action must therefore be proportionate, ie on measures with little public interest and at the same time major changes to private freedoms should be avoided. In addition, according to the principle are at several possible measures that are all justice to the public interest to prefer the milder always.