Gray on 'Proportionality in Australian Constitutional and Administrative Law’

Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled 'Proportionality in Australian Constitutional and Administrative Law'.  The article appears in Volume 41(1) of the University of Tasmania Law Review.  Here is the abstract:

"This article suggests that a consistent approach should be taken to the use of proportionality in public law, including constitutional and administrative law. It documents the partial use of the doctrine in constitutional law, notably with respect to some heads of power, but more in the area of express and implied rights. However, its use in the administrative law realm has been more hesitant. This article argues this hesitancy is misplaced. Its use in both constitutional and administrative law should be consistent, reflecting acknowledgement of the great powers government has, and an insistence they be used carefully, with restraint, and with sensitivity to human rights. Proportionality can assist in meeting this goal."