Proportionality
Filed Under: Constitutional Law
1 definition found for this term.
Definitions are presented in the order source books were published (most recent first).
Source:
The central element of the Oakes test under section 1 of the Charter, weighing the breach of Charter rights against the government interest advanced by a challenged law. A law will be a proportionate limit on rights if it is rationally connected to an important objective, if it violates the rights as little as is reasonably possible to achieve the objective, and if there is an overall balance between the effects of the rights infringement and the advancement of the objective of the legislation.