- 04/23/2019 at 5:16 am #572280EduGorillaKeymasterSelect Question Language :
What is the element of the doctrine of proportionality in administrative law?
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- State measures concerned must be suitable for the purpose of facilitating or achieving the pursued objectives.
- The suitable measures must also be necessary, in the sense that the authority concerned has no other mechanism at its disposal. Thus, it is not the method used which has to be necessary, but "the excessive restriction of freedom involved in the choice of method".
- The measure concerned may not be disproportionate to the restrictions which it involves. The principle of proportionality has been characterised as "the most important general legal principle in the common market law".
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