‘The rise of the judicial use of proportionality has given too much power to judges’. Discuss with reference to relevant cases.


  • Where people argue that the proportionality test hands too much power to the judiciary in relation to government policies, rather, it hands a schematic tool to the judiciary to ensure that law remains democratic in the broader meaning of the term.
  • How the proportionality test is applied has been significantly nuanced and developed according to context.

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