Abstract
The starting point of the paper is a somewhat neglected topic of application of the principle of proportionality in the legislative procedure. In the paper I try to oppose the view according to which the principle of proportionality is solely a judicial test and that it should not be applied by the legislator at all.
I argue that wide application of the principle of proportionality as a key argument in constitutional review of legislation and current views on the relationship between law-making and legal interpretation require that the principle of proportionality should be applied by all authorities involved in legislative procedure. This is the only way to ensure that the adopted legal regulation does not unduly interfere with fundamental rights.
After introducing the debate on the applicability of the principle of proportionality on law-making in post-war German constitutional law, I will analyse the applicability of the principle of proportionality in the legislative procedure in the Czech Republic. Therefore, the purpose of the paper is to emphasize, in particular, at what stages of the legislative procedure it is crucial to apply proportionality and what is the role of individual state authorities in promoting it.