‘The principle of proportionality threatens to blur the distinction between the merits and the legality of a decision.’ Discuss.


  • The proportionality principle states that costs of a case should be related to its importance and value.
  • Decision on the merits is a decision based on evidence rather than on technical or procedural grounds. A decision on the merits is made by the application of substantive law to the essential facts of the case.
  • The legality of a decision is concerned primarily with the decision-making process as opposed to the correctness of the decision itself.
  • Do not agree, as a review does not only review the merits but also assessing the legitimacy.

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