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Restrictions and Proportionality

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Questions and Answers

What are the conditions that must be fulfilled for the general police clause to temporarily replace a legal basis?

There must be a serious danger to public interests or individuals, the situation calls for immediate action, and there are no adequate legal measures provided for.

What is the purpose of Art. 36 para. 2 Cst in relation to fundamental rights?

To ensure that restrictions on fundamental rights are justified by public interests or the need to protect the fundamental rights of others.

What are police interests a category of, according to Art. 36 para. 3 Cst?

Public interests.

What are the three conditions that must be fulfilled to evaluate the proportionality of a restriction?

The regulatory measure must be adequate to achieve a legitimate public purpose, necessary, and proportional to the public purpose. Signup and view all the answers

What happens if the negative effects of a measure outweigh the public interests?

The measure must be considered disproportionate. Signup and view all the answers

What is the purpose of the proportionality test in relation to fundamental rights restrictions?

To ensure that restrictions on fundamental rights are reasonable and justified by a legitimate public purpose. Signup and view all the answers

What is the relationship between public interests and the common good?

Public interests encompass measures available to the state for the promotion of the common good. Signup and view all the answers

What is the significance of Art. 36 para. 2 Cst in relation to police powers?

It ensures that restrictions on fundamental rights are justified by public interests or the need to protect the fundamental rights of others. Signup and view all the answers

What is the role of the legislative basis in relation to police powers?

It provides the legal framework for police actions to protect public interests and individuals. Signup and view all the answers

What is the significance of Art. 36 para. 3 Cst in relation to the proportionality test?

It provides the criteria to evaluate the proportionality of a restriction on fundamental rights. Signup and view all the answers