The Principle of Proportionality in Administrative Law

The dissertation analyzes the meaning, content, and the influence of the principle of proportionality on the creation, application and interpretation of administrative law, the developement of administrative relations and case-law of administrative courts. Through comprehensive application of theoretical and empirical methods of research, the origins and evolution of the latter principle is invesigated, as well as the preconditions of the application of its sub-principles in various spheres of public administration, the patterns, the problems and the possibilities of the application thereof. The importance of the influence of European administrative law on the application and elaboration of the proportionality principle in Lithuanian administrative law and administrative relations is assessed and the possibilities for the improvement of the interpretation and application of the principle of proportionality in national administrative law are discussed. It is concluded in the dissertation that the principle of proportionality is a unique and universal tool, through the use of which the boundaries of judicial control of administrative action may legitimately be expanded and the effectiveness of the latter control may be increased. For such aims to be reached, the application and interpretation of the principle must be based on proportionality lato sensu, while the scope of the proportionality-based review must differ, depending on various important factors, such as the nature of administrative relations, the administrative entity performing administrative action, the scope of administrative discretion conferred to it, etc. These factors are discussed in detail in the dissertation