Proportionality is one of the general principles of Slovenian law. It was introduced by the Constitutional Court following the example of foreign legal orders (especially Germany). Over time, the principle was derived from the rule of law (Article 2 of the Constitution). The Court employs a four-tier test. First of all, in order for the challenged provision to pass the test, the interference must pursue a constitutionally admissible aim. Following that, the test comprises a review of three aspects of the interference: appropriateness, necessity and proportionality in the narrower sense. Only if the interference passes all three aspects of the test is it constitutionally admissible. Although the principle seeks to strike a proper balance between different rights or interests, some foreign authors object to its use. The strength and protection of human rights is particularly at stake. Nevertheless, we can conclude that the principle of proportionality is the most appropriate method of balancing.
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