The Principle of Legality and Secondary Legislation: The Role of Proportionality

e principle of legality operates to protect fundamental rights by requiring express words\nor necessary implication if legislation is to remove or restrict fundamental rights. e principle applies to secondary legislation but does so principally through the interpretation of\nthe legislative power to make that secondary legislation, rather than interpretation of the\nsecondary legislation itself. is article examines this mode of application of the principle\nof legality, with particular reference to courts’ use of proportionality analysis to establish\nwhat degree of rights infringement broad and purposive secondary lawmaking powers permit by way of necessary implication. It sets out an approach that is both normatively attractive and able to explain recent doctrinal developments