What is the first criterion in the three-part test for proportionality when limiting a right?

The first criterion in the three-part test for proportionality when limiting a right is focused on whether the limitation is prescribed by law. This means that for any limitation on a right to be justified, it must have a legal basis that is clear, precise, and accessible. This ensures that individuals know the regulations that govern their rights and can challenge limitations if they believe they are unjustified.

The necessity of a legal foundation is essential because it guards against arbitrary or capricious actions by the state, ensuring that any restrictions are not only formally enacted but also adhere to the rule of law. This criterion serves as a safeguard, ensuring that limitations are not applied whimsically and that there is accountability for any infringements on rights.

The other criteria also play significant roles but come after establishing that the limitation is prescribed by law. For instance, the necessity of the limitation to achieve the stated objective evaluates if the restriction is the least restrictive means available to achieve that goal. Similarly, the importance of the objective and public support may influence the overall justification of the limitation but are not foundational in the legal sense that determines whether a limitation can be imposed in the first place.