The role of judicial oversight of the principle of proportionality in achieving judicial security

Abstract

Both the principle of proportionality and the principle of judicial certainty are fundamental principles governing administrative law. And here lies the problem with the study: it argues that the principle of proportionality provides a legal basis for balancing administrative discretion, but its practical application challenges the boundaries of judicial oversight. The central issue examined is how the administrative judge, as a judge of legality—not a supervisor of appropriateness—can apply objective criteria without exceeding judicial authority. Specifically, the study asks: What are the limits of an administrative judge's authority to assess the appropriateness of administrative decisions? How does judicial oversight under proportionality relate to the principle of separation of powers? Finally, to what extent does this oversight enhance judicial certainty? The study finds that judicial oversight of proportionality is essential to balancing protection of individual rights with the public interest. However, a key argument is that expanding this oversight without clear criteria risks undermining judicial certainty. Therefore, the study recommends establishing criteria to assess the appropriateness of an administrative decision, balancing the decision's suitability for its intended purpose with the necessity of the procedure.