El principio de proporcionalidad y razonabilidad como límite constitucional de poder al Estado: un estudio comparado

Abstract

The analysis of the constitutional validity of a rule cannot be limited to a mere compliance of the adjective or procedural due process requirements; it is also necessary a substantive due process analysis of reasonableness on the actual content of the rule: its means and purposes, and its respect for the constitutional and fundamental rights and freedoms. This work aims to outline the main aspects of the reasonableness principle, which is known as well as the principle of proportionality or as the substantive due process, and the guidelines and rules for a proper implementation. The principle is approached in this work by a comparative study of its performance in the United States legal system, Europe and Argentina. Moreover, the reasonableness maxim cannot be analyzed without reference to the question of the interpretation of fundamental rights. For this reason, this topic is reviewed, also, from the perspective of the jurisprudence and the constitutional doctrine in the different legal systems.