Principle of proportionality in administrative law

principle of proportionality

Understanding the Principle of Proportionality in Administrative Law

Proportionality principle refers to the concept that an administrative body must maintain a rational balance between its administrative purpose an the means employed to achieve that purpose.

Basis of Proportionality

The principle of proportionality is derived from the constitutional guarantee of fundamental rights and the rule of law, as stipulated in Article 37(2) of the Constitution.

Scope of Application

This principle can be applied across the entire spectrum of administrative activities, especially in assessing the standards for abuse of discretionary power, limits of subordinates, restrictions on canceling or withdrawing profit-oriented administrative acts, administrative judgments, limits of urgent administrative actions, and the fulfillment of conditions for public encroachment.

Content

• Principle of Appropriateness (Appropriateness of Purpose and Means) This involves evaluating whether the means chosen to achieve the intended purpose are appropriate in relation to the public interest.
• Principle of Necessity (Principle of Minimal Intrusion) It dictates that among the available means to achieve administrative goals, the least intrusive means that minimally infringe upon the rights and freedoms of the parties involved should be selected.
• Principle of Rationality (Principle of Balance) Even if an administrative measure is deemed necessary for achieving the administrative purpose, it should not be implemented if the harm caused by the measure outweighs the benefits derived from it. This assessment is based on the results of the specific measures taken by the administrative body.

Violation Consequences

Any action that contravenes the principle of proportionality, as a regulatory norm governing administration, is deemed unlawful.