Der Verhältnismäßigkeitsgrundsatz bei gebundenen Verwaltungsentscheidungen

This study examines the recent tendency of German administrative courts to apply the principle of proportionality to decisions where the text of the legal norm does not leave much room for such an examination. Such a proportionality test may be motivated by the intention to consider and weigh up any relevant aspects of a case and thus provide for (individual) justice. However, this approach has to be critically assessed as regards its impact on the separation of powers, legal certainty and the predictability of legal decisions. In order to reconcile these interests, this study explores to what extent the aim of providing for individual justice should be pursued by legislators or by the authorities that apply the law.