You must not use a steam hammer to crack a nut if a nut cracker would ...
Explanation:
The statement "You must not use a steam hammer to crack a nut if a nut cracker would do" refers to the doctrine of proportionality in Administrative Law.
Doctrine of Proportionality:
The doctrine of proportionality is a fundamental principle of Administrative Law that requires the exercise of governmental power to be proportionate to the objective it seeks to achieve. It ensures that the means used by the government to achieve its objectives are not excessive or disproportionate.
Application to the Statement:
The statement suggests that using a steam hammer (a heavy and powerful tool) to crack a nut (a small and delicate object) is excessive and disproportionate. Instead, a nut cracker (a tool specifically designed for cracking nuts) would be more appropriate and proportionate.
Importance of Proportionality Doctrine:
The doctrine of proportionality serves as a safeguard against arbitrary and excessive exercise of governmental power. It ensures that the government uses the least intrusive means necessary to achieve its objectives, without unnecessarily infringing on individual rights or imposing burdens that are disproportionate to the benefits sought.
Examples in Administrative Law:
The doctrine of proportionality is commonly applied in various areas of Administrative Law, such as:
1. Human Rights: It is used to determine if a government action infringes on fundamental rights in a proportionate manner. For example, a restriction on freedom of speech must be proportionate to the legitimate aim of protecting public order.
2. Regulatory Measures: It is applied to assess the reasonableness of administrative regulations. For instance, a regulatory measure that imposes excessive burdens on businesses without a justified purpose may be deemed disproportionate.
3. Judicial Review: It is used by courts to assess the proportionality of administrative decisions. If a decision is found to be disproportionate, it may be overturned or modified.
Conclusion:
In summary, the statement "You must not use a steam hammer to crack a nut if a nut cracker would do" refers to the doctrine of proportionality in Administrative Law. This doctrine ensures that the government's exercise of power is proportionate to its objectives and prevents excessive or disproportionate actions. It is an important principle that safeguards individual rights and promotes fair and reasonable administrative decision-making.
You must not use a steam hammer to crack a nut if a nut cracker would ...
The classical definition of proportionality has been given by Lord Diplock in R V. Goldsmith when his Lordship rather ponderously stated "you must not use a steam hammer to crack a nut if a nut cracker would do". Hence, proportionality broadly requires that government action must be no more intrusive than is necessary to meet an important public purpose.