Concept of Proportionality in Public Law

Proportionality is a concept in public law that limits the measures adopted by executive authorities to achieve legitimate objectives in the interest of the public. This book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems and presents a topical understanding of why its adoption and application have encountered difficulties.

Format: Paperback / softback
Length: 640 pages
Publication date: 28 February 2021
Publisher: City University of Hong Kong Press

Proportionality is a fundamental concept in public law that originated in Germany and is widely recognized throughout continental Europe. It plays a crucial role in ensuring that measures taken by executive authorities are appropriate and necessary to achieve legitimate objectives in the interest of the public. The principle of proportionality is enforced by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).

This book aims to evaluate the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. It also provides a comprehensive review of the development of proportionality and explores the reasons why its adoption and application have encountered difficulties in certain jurisdictions, such as the United Kingdom and Hong Kong.

Written by a scholar with extensive experience in both the Hong Kong judicial system and international research, this book is a valuable resource for legal practitioners. It offers an in-depth exploration of proportionality, including alternatives to the principle and specific cases where issues of proportionality have arisen. The book is particularly relevant in legal climates worldwide, as it provides insights into the evolving legal framework and practical applications of proportionality.

In conclusion, proportionality is a critical concept in public law that promotes the balance between the interests of the state and the rights of individuals. This book provides a comprehensive analysis of the extent to which proportionality has been integrated into the English and Hong Kong judicial systems and offers valuable insights into the challenges and opportunities associated with its application. It is a must-read for legal professionals, scholars, and anyone interested in understanding the role of proportionality in contemporary legal systems.

Weight: 1328g
Dimension: 179 x 255 x 40 (mm)
ISBN-13: 9789629373788