ABSTRACT

The paper presents two distinct roads through which the principle of proportionality found its way from German theory and judicial practice, via European legal authorities, to the legal systems of the Slovak Republic and Slovenia. The common trait in both countries is that it was specific personalities, judges, with close German and European links, who contributed to the transfer. While proportionality was considered an immanent part of the constitutional tradition in Slovenia from the very beginning of its establishment, in case of the Slovak Republic, the transfer took place with the help of Czech case-law, influencing Slovak courts more directly than the German case-law. Despite differences concerning nuances of the implementation of the proportionality principle in both jurisdictions, it was generally embraced and widely accepted as a part of both national legal traditions.