Proportionalism, Justification and Inclusive Adjudication

The essay addresses and unpacks the link between proportionality review and the right to justification, drawing attention to aspects that have been only partially addressed to date. The first part of the paper claims that proportionality review – in its different versions – realizes the right to justification. The second part specifies the reasons why this is so, focusing on the structure of proportionality review and the ways in which it realizes the right to justification conceived as a complex standard, combining different requirements. Finally, the paper points out that such realization comes in degrees, depending on the form taken by proportionality review and the extent to which it fulfills those various requirements.