Overview

Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners. With its exploration of alternatives to proportionality and particular cases where issues of proportionality have arisen, this text is highly relevant in legal climates worldwide.

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Chung Wai Man, Franco has been a lecturer at various tertiary institutions, including the Chinese University of Hong Kong and City University of Hong Kong, as well as a dissertation supervisor in a Master of Laws (LLM) programme (International and Commercial Law) that is jointly run by the University of Greenwich, United Kingdom and the Hong Kong Management Association. He holds his Doctor of Juridical Science and also worked in multiple arms of the government, under both colonial rule (in 1996) and after the establishment of the Hong Kong Special Administrative Region (from 1997 until 2009).

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