Abstract

Within the criticism that has been made of the principle of proportionality, I intend to contribute to the deepening and improvement of what is understood as the test of proportionality in its narrow sense, which has been the main target of critics. Firstly, I will come up with a conceptual framework which I understand will allow for a better understanding of the norm of proportionality. Secondly, from an analytical perspective, I will explain my understanding of the structure of the norm of proportionality. And, thirdly, I will focus on proportionality in its narrow sense and especially on the Alexy’s weight formula. Here, however, I will frame this effect of proportionality in the light of the philosophy of measurement to explain what is truly done within the scope of this principle; then I will try to reconstruct the metaphor of the weight formula in the light of the compressive strength phenomenon. Finally, I will move on to a mapping of criteria that provide legal operators with a better justification of the intensity measurement of restrictions made to the fundamental rights’ norms.