Proportionality principle
The proportionality principle is a legal principle in Switzerland . It requires measures in the public interest to be weighed up against the resulting cuts in private interests and fundamental rights .
In the Federal Constitution of the Swiss Confederation , the principle is anchored in Article 5 ( principles of the rule of law ): "State action must be in the public interest and be proportionate."
In particular, it is one of the basic principles of Swiss administrative law . Administrative measures must therefore be a suitable, expedient and necessary means of enforcing a public interest and must be weighed against the interference with the private interests concerned. The purpose and effect of the intervention must therefore be proportionate, i. H. Measures with little public interest and at the same time strong interference with private freedoms should be avoided. In addition, if there are several possible measures that all serve the public interest, preference should always be given to the milder ones.
Web links
- 134 I 153 , decision of the Swiss Federal Supreme Court on the applicability of the principle of proportionality in April 2008
Individual evidence
- ^ Website of the federal authorities of the Swiss Confederation: Art. 5 Principles of the rule of law
- ^ Felix Uhlmann : General administrative law. The principle of legality of administration ( memento of the original from January 30, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . Slide for the 2011 semester at the University of Zurich
- ↑ Erwin Carigiet : General constitutional principles and general legal principles . Lecture module for the University of Freiburg in Üechtland
