PROPORTIONALITY

- From Professor Gan's Notes-at p. 30

Proportionality is part of Malaysian law when a breach of  fundamental or human right is alleged to have occourred. It is a doctrine which envisages than an administrative action, rule or decision may be intefered with by the reviewing Court if it is found that it is not proportionate  to the mischief  at which it was aimed. In simple language, you cant use a sledgehammer to crack a nut.

Case law:- Kumpulan Perangsang SElangor Bhd v Zaid bin Mohd Noh [1977]1 MLJ 798 at p 798-799