Legislative Proportionality in Disciplinary Penalties

ABSTRACT: Legislative policy has its particularities in disciplinary penalties, especially regarding the proportionality of punishment to the violation. While it is generally the legislator's responsibility to ensure proportionality, the negative consequences resulting from this have pushed disciplinary legislation to adopt another approach to compensate for the deficiency in proportionality. This can be done directly by specifying a particular penalty for certain violations in some laws or by restricting the authority to impose penalties through exclusionary penalties. It can also be done indirectly by employing principles and tools such as the use of graduated penalties to express proportionality, imposing the punishment by analogy, or relying on judicial oversight.

Keywords: Legislative Policy, Disciplinary Penalties, Punishment by Analogy