Gray on 'Proportionality in Administrative Law and its Application to Victoria’s Proposed Pandemic Legislation'

 Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled 'Proportionality in Administrative Law and its Application to Victoria's Proposed Pandemic Legislation'.  The article appears in Volume 29(1) of the Australian Journal of Administrative Law.  Here is the 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."