What is the proportionality test in Law?
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Sometimes two things should be true, but only one of them can be. Imagine you have an unfettered right to breakdance in public and someone else has a right to not be kicked in the face while walking down the street. In this example, someone got kicked in the face by your breakdancing in public. Both things should be true, but since they conflict in this case one has to ‘win’. Proportionality is looking at the damage to the rights (on both sides) that would happen from various potential holdings and ascertaining which ones are most damaging to which rights and coming up with the ruling that best preserves (or damages the least) each right.
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