Human Rights used for scrutinizing actions adopted by national authorities which restricts rights under the Convention - the other is the margin of appreciation. Australia While the European Union has placed a consistent focus on the proportionality test in the context of policy issues, namely human rights, the proportionality test in the Australian context is a matter of constitutional interpretation with respect to legislative power under the Constitution. Unlike Europe, the proportionality test as a means to characterize whether Commonwealth legislation falls under a head of power under section 51 of the Constitution of Australia, has attracted divergent viewpoints, in which Kirby J has remarked that the 'test has not enjoyed universal favour'. However, Owen Dixon CJ made clear that 'the question is essentially one of connexion, not appropriateness of proportionality, and where a sufficient connexion is established, it is not for the Court to judge whether the law is inappropriate or disproportionate'. Criminal law In criminal law, the principle of proportional justice is used to describe the idea that the punishment of a certain crime should be in proportion to the severity of the crime itself. In practice, systems of law differ greatly on the application of this principle. The principle of guilt is an absolute standard from which the 17th century Bloody Code of England emerged, which specified the death penalty even for minor crimes. In the 18th century Cesare Beccaria published On Crimes and Punishments which was to form the basis of penology based on the relative standard of culpability. As a result Jeremy Bentham developed the idea of the panopticon in which prisoners would simply be watched, rather than subjected to corporal punishment. The idea in practice became a cruel and ineffective corrective. In some systems, proportionality was interpreted as lex talionis, (an eye for an eye). In others, it has led to a more restrictive manner of sentencing: for example, all European Union countries have accepted as a treaty obligation that no crime warrants the death penalty, whereas some other countries in the world do use it. In self-defense cases, the amount of force employed by the defender must be proportionate to the threatened aggressive force. If deadly force is used to defend against non-deadly force, the harm inflicted by the actor (death or serious bodily harm) will be greater than the harm avoided (less than serious bodily harm). Even if deadly force is proportionate,