What is the element of the doctrine of proportionality in administrative law?
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State measures concerned must be suitable for the purpose of facilitating or achieving the pursued objectives.
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The suitable measures must also be necessary, in the sense that the authority concerned has no other mechanism at its disposal. Thus, it is not the method used which has to be necessary, but "the excessive restriction of freedom involved in the choice of method".
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The measure concerned may not be disproportionate to the restrictions which it involves. The principle of proportionality has been characterised as “the most important general legal principle in the common market law".
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All of the above
The doctrine of proportionality is emerging as another new ground of judicial review of administrative action. With the rapid growth of administrative law and the need and necessity to control possible abuse of discretionary powers by various administrative authorities, certain principles have been evolved by the courts. If an action taken by any authority is contrary to law, improper, unreasonable or irrational, a court of law can interfere with such action by exercising power of judicial review. One of such modes of exercising power is the doctrine of proportionality.