Martin Borowski: Proportionality, necessity, and balancing

Proportionality and balancing have become commonplace in constitutional adjudication across the globe, including in Brazil. Yet proportionality and balancing are not synonyms; the former includes tests which are often ignored by lawyers and judges. One such test is necessity. Few know the proportionality debate as well as Martin Borowski, chair in public law at the University of Heidelberg, Germany. We are happy to welcome him to our International Dialogues in Constitutional Law series at the Faculty of Law, University of São Paulo.