Constitutional theory and right

The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law

A necessary connection of principles theory and proportionality at the norm-theoretic level does not, however, imply a necessary connection between proportionality or principles theory and constitutional rights at the level of the interpretation of constitutional rights qua positive law