THE PROPORTIONALITY OF LEGAL IMPACT MEASURES: DOCTRINAL GENESIS, COMPARATIVE-LEGAL ANALYSIS AND INSTITUTIONALIZATION MODEL IN UZBEKISTAN

Authors

  • Murodjon Najmiddinov Tashkent State University of Law

Keywords:

proportionality principle, constitutional control, legal impact measures, comparative analysis, institutionalization

Abstract

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.

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Author Biography

  • Murodjon Najmiddinov, Tashkent State University of Law
    Murodjon Najmiddinov is a researcher at Tashkent State University of Law.

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