Proportionality (political maxim)

Necessity is a legal term from the public and administrative law. He comes to the legal verification, legislation and at the discretion checking the application. The term describes the relationship of an agent to a sought purpose. Therefore, the necessity is a part of proportionality in the broader sense.

A means is just necessary when there

Depending on the jurisdiction where fitness is sometimes seen as part of necessity or as a self- test point (often in police law ) understood only the use of the mildest and most effective means to speak, is in the second case under necessity. A suitable and required intervention must not be made yet when related harm in rough proportion to the intended purpose is ( in the narrow sense).

The criterion of necessity is the outflow of the principle of minimum intervention ( in the rights of citizens ). It is part of any examination of violations of fundamental rights. It therefore applies to both the legislation itself as well as for any administrative action. Of particular importance is its attention even at the justifications in criminal law, such as the self-defense and emergency action.

The proportionality principle and the principle of necessity of administrative action arising from the principle laid down in Article 20 of the Basic Law rule of law. The principle of minimum intervention is thus covered by the warranty eternity.