Abstract:
The objective in this paper is to examine the integration of proportionality in the
jurisdictions of the United Kingdom, Canada and New Zealand. Since Wednesbury
unreasonableness as the orthodox ground of judicial review has been largely criticised new
methods of substantive review have been determined. Proportionality as one of them has a
long tradition in European law and in the Law of several European’s Member States. Being
initially developed in Germany over 200 years ago, it is well established and recognised. The
UK as a Member State of the EU has adopted the proportionality principle under EU law
pressure. This being a novelty in Common Law it had an effect on other jurisdictions just like
Canada and New Zealand as well. Thus the paper determines the origin and roots of the
proportionality principle and elaborates the different approaches made towards a
proportionality principle in the three jurisdictions discussed.
