It also failed the proportionality test because of the gulf between the quantum of the award and the loss suffered by the plaintiffs.
In the end, the law failed on every step of the proportionality test.
However, here, the law cannot be justified as the law takes the decision-making power away from the woman absolutely, thus cannot pass the proportionality test.
Thus, the violation was not justifiable under s. 1 of the Charter because it failed the proportionality test.
The rule also failed every step of the proportionality test.
So we are proposing that Member States use a proportionality test to see how far current regulations are all really serving the public interest.
Moreover, we see no justification for minimum prices under the proportionality test, since they do not per se guarantee quality, access to justice, or good ethical conduct.
The proportionality test is not a political test; it is a legal test.
For these reasons, Scalia argued that the proportionality test from Solem should be overruled.
The second part is described as a "proportionality test" which requires the invoking party to show: