THE PROPORTIONALITY OF LEGAL IMPACT MEASURES: DOCTRINAL GENESIS, COMPARATIVE-LEGAL ANALYSIS AND INSTITUTIONALIZATION MODEL IN UZBEKISTAN
Keywords:
proportionality principle, constitutional control, legal impact measures, comparative analysis, institutionalizationAbstract
This article explores the principle of proportionality as a universal methodological standard for constitutional control of legal impact measures. The study aims to develop a conceptual model for institutionalizing this principle in the Uzbek legal system based on a comparative analysis of eight jurisdictions and the practice of the European Court of Human Rights. The research employs comparative-legal, formal-legal, and systemic-structural analysis methods, as well as the reconstruction of judicial practice. The study identifies three functional levels of the proportionality principle and reveals a normative gap between the constitutional principle of proportionality and its implementation in Uzbekistan.Downloads
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References
Aleksi, R. (2002). Constitutional Rights: A Theory. Oxford University Press.
Barak, A. (2012). Proportionality: Constitutional Rights and Their Limitations. Cambridge University Press.
Beit Sourik Village Council v. The Government of Israel, HCJ 2056/04 (Supreme Court of Israel, 2004).
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Published
2026-05-26
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Articles