Helping you understand Welsh law

Is the decision proportionate?

The doctrine of proportionality is concerned with questions of balance and whether the means justifies the objective achieved.

Decisions made by public authorities may be challenged on proportionality grounds where they involve significant interferences with a person’s important or fundamental rights, or if the decision involves European law or the European Convention on Human Rights.

‘Proportionality’ requires that the interference with a person’s rights is no greater than what is necessary to achieve the legitimate aim of the interference.

In applying the proportionality test, the Court will consider the context and circumstances of each decision. How intensely or closely the Court reviews a decision will depend on the context and circumstances of each case.

 

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