La proporzionalità alla prova dell’emergenza. Rilievi in prospettiva comparatistica

Even during the pandemic, constitutional courts have made extensive use of the proportionality principle in performing the judicial review of measures infringing on fundamental rights. Through the analysis of the constitutional jurisprudence in Italy and in Germany, the article reflects on the quadripartite structure of the proportionality, in order to highlight the reasons that justify its wide spread also in an emergency context. In a nutshell, they may be summed up with these concepts: contextual approach; flexibility; dynamic evaluation; connection to the state of scientific knowledge and to the level of uncertainty; time-sensitiveness; relationality both to scientific evidence and to political assessments