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Reasonableness and Judicial Review of Constitutionality

Publication at Faculty of Law |
2023

Abstract

In this paper we focus on selected aspects of the relationship between the reasonableness of legislation and judicial review. First, we focus on the rational basis test which is a manifestation of judicial restraint, then we discuss the German case law on consistency of legislation and in particular on the limits of judicial review of consistency.

After the assessment of various levels of scrutiny of judicial review of legislation, we come to the conclusion that the main link between rationality and proportionality is the rational justification of each prong of the proportionality test.