Principle of Proportionality in Limiting Human Rights and Its Application in Case of Emergency

Abstract: This research examines the principle of proportionality from both theoretical and practical views. In the context of Vietnam, this is a new and potential principle which is recognized ambiguously in the Constitution and need to be clarified in the reality. Especially in case of emergency, the application of the principle of proportionality is an instrument to protect human rights. This research implies that the legal framework for this principle needs to be improved so that the state’s methods for solving the case of emergency could note violate the human rights.

Key words: principle of proportionality, human rights, case of emergency

JEL code: K0