Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation
Article
Article Title | Proportionality in Administrative Law and Its Application to Victoria’s Proposed Pandemic Legislation |
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ERA Journal ID | 36744 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Australian Journal of Administrative Law |
Journal Citation | 29 (1), pp. 21-42 |
Number of Pages | 22 |
Year | 2022 |
Place of Publication | Australia |
ISSN | 1320-7105 |
Web Address (URL) | https://sites.thomsonreuters.com.au/journals/category/journals/australian-journal-of-administrative-law/ |
Abstract | This article describes the use of proportionality in United Kingdom and Australian administrative law. There remains uncertainty regarding use of the doctrine, particularly in Australia. The article defends proportionality on the basis it reflects the rule of law. Its flexibility is an asset. Arguments against proportionality are considered weak. The use of proportionality reflects a culture of justification for the use of government power in a way that impacts an individual’s human rights, which reflects Australia’s liberal democracy. The article then considers application of proportionality principles to Victoria’s mooted pandemic laws. It finds that proportionality principles provide a more fertile ground for effective judicial review of the proposed extreme measures than Wednesbury unreasonableness. |
Keywords | proportionality; administrative law; Wednesbury; rule of law; unreasonableness |
ANZSRC Field of Research 2020 | 480701. Administrative law |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q753y/proportionality-in-administrative-law-and-its-application-to-victoria-s-proposed-pandemic-legislation
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