... strong justification for the interference will satisfy the Wednesbury test. In R v. Ministry of Defence3 Lord Woolf MR made the statement that, "The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable". Although this ruling is no longer followed, the statement remains true. The Convention incorporating the Human Rights Act into domestic law contains protected rights, which can only be interfered with in exceptional circumstances. In order for the courts to decide whether interference meets the convention's standards, the test of proportionality has been developed. This doctrine of proportionality "requires that the means employed by the decision maker must be no more than is reasonably necessary to achieve his legitimate aims.4" In De Freitas v. Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing5, the Privy Council adopted a three stage test in ...

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