Year: 2026
Type: article
Abstract: In this paper, a review is carried out of the different stages in the study and development of the proportionality analysis in its broader sense, along with its three classic prongs. Against this background, the problem posed by the assessment of the different alternative means is addressed, as these may arise in a specific case of constitutional review. Thus begins the analysis of the newlydiscovered alternative means, namely, not least restrictive, but more efficient means, as well as those alternative means interfering with other rights and goods or rights of others. Based on the analysis of these forms of alternative means and their impact on the case law of the German Federal Constitutional Court, a new scheme for the proportionality analysis is presented, with the aimof incorporating the assessment of these forms of alternative means.
Author: Borowski, Martin
Institution: Heidelberg University
Language: Spanish
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7215599987