Proportionality in Punishment

Abstract

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This article examines the constitutional principle of proportionality in punishment as a fundamental limit on the State’s punitive power. Recognized across many legal systems, proportionality plays a key role in determining both the nature and the severity of criminal sanctions, aiming to protect individual rights and prevent arbitrariness. Using a comparative methodology, the article explores the historical and conceptual development of proportionality and its constitutionalization in civil law and common law jurisdictions, including European, American, and supranational legal frameworks. The analysis shows that, despite institutional and cultural differences, proportionality functions as a binding constitutional principle that balances retributive, preventive, and rehabilitative aims of punishment. Ultimately, the article highlights proportionality as a core safeguard of fairness, legal certainty, and justice within contemporary criminal justice systems.