The Principles of “Necessity” and “Balance”: the most important elements of the Doctrine of Proportionality in the “Judicial Review Process”: A Critical Analyses

Abstract

The principle of proportionality considers that a public authority needs to maintain a sense of proportion between its particular objective and means...

It implies that an administrative action should have a reasonable relation to the general purpose for which the capacity has been granted. It is contended in this article that the doctrine of proportionality contains two very important elements and in the human rights context, this doctrine involves tests of balance and necessity. These analyses will further advance the argument by differentiating and giving the edge to the doctrine of proportionality from unreasonable which until now is the common norm in the UK judicial system to check the balance between right of individual and the interest of the society. Furthermore, moving ahead and analyse the application of this doctrine in the UK judicial system it is important to know that how this principles work with the proportionality doctrine.