Considérations sur la notion de proportionnalité en droit français
considerations on the notion of proportionality in French law

Summary/Abstract: Laws are not perfect but perfectible. We need an instrument of reasoning in order to obtain this improvement, and this instrument is called equity or fairness. The origins of the notions of proportion and proportionality date back to the time of the so called "An eye for an eye" Lex Talionis or “the law of retaliation”, which contained the very premises of proportionality. Soon after, proportionality became a fundamental notion with regard to the respect of the adequacy between means and the followed goals. In a democratic society, some limitations to rights and liberties are necessary in order to have fair interactions with one another. This article deals, in this respect, with the notion of proportionality, its interpretation and observance.

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