Resurrecting the Responsibility to Protect Doctrine

The Ministry of Justice announced on Tuesday that a longstanding legal norm, previously cited as having been “manipulated and forgotten,” is now being reinstated in response to a series of recent court rulings that have raised concerns about procedural consistency across the judicial system. The norm in question— the principle of proportionality in administrative decisions—was highlighted in a briefing by the department’s chief legal adviser, who noted that its erosion has contributed to uneven application of sanctions and regulatory measures.

In the past six months, three high‑profile cases involving environmental permits, data‑privacy enforcement, and public‑health orders have invoked the principle of proportionality as a benchmark for judicial review. The Supreme Court’s ruling on the environmental permit case explicitly referenced the need to restore the norm to ensure that governmental actions are balanced against individual rights. Additionally, the data‑privacy authority issued a directive urging agencies to apply the principle when assessing penalties for breaches, citing the recent legal analyses that underscore its relevance.

Officials indicated that the renewed emphasis on proportionality is intended to reinforce legal certainty and safeguard the rights of citizens amid expanding regulatory frameworks. The Ministry plans to issue updated guidelines to courts and administrative bodies by the end of the quarter, aiming to standardize the application of the norm and prevent further deviations.