producing norms.11 According to the European Convention of Human Rights and the principles of the administrative law in Australia, among others, interference with property rights must be proportional. That is to say, there must be a reasonable relationship of proportionality between the means employed and the aim sought to be realized. It is seen as a limit for the activity of public powers with regards to the protections of human rights, and as a measure of control of the exercise of discretionary powers.12 There must be a strong objective justification for the law and its application, this is, a pressing social need for the interference. To evaluate this need the principle of proportionality comes into action.13 For instance, the rightful owners cannot suffer disproportionate damage because of public interest, especially if the measure will bring significant benefits to the community.14 Rationality Public authorities have the power to choose between different alternatives. The key is that they must offer an explanation as to why they chose one and not the other.15 It is only through choosing among possible outcomes that the policy maker exercises judgment. The logic of, and reasons for, the choices made are important to an assessment by others of ‘essential fairness’ of the decision. Alternatives must be explored in good faith with equal degrees of detail and analytic rigor. Similarly, identification of consequences for each alternative. The rationale for the alternative chosen must be lucid and tenable, with a clear record of the chain of reasoning behind the choice. At no point in the administrative process is the concern for restraint of arbitrary power more significant than in connection with land use plans, planning and regulation. Fairness/Equality The process of the decision-making should be fair. This is a central requirement of any form of justice, administrative or otherwise. Fairness, and in particular procedural fairness, is not an optional moral extra. Where broad administrative discretions are concerned, common ideas of fairness, beyond procedural fairness, involve consistency in decision-making, that is to say that 11 José Ignacio López González, “The principle of proportionality in Administrative Law (El principio de proporcionalidad en Derecho Administrativo).” 12 Ibid. 13 Council of Europe, “The Margin of Appreciation.” 14 Almudena Fernández Carballal, “Urban qualification and rationality: Concerning the Sports City of Real Madrid Football Club (Calificación urbanística y racionalidad. A propósito de la nueva Ciudad Deportiva del Real Madrid, Club de Fútbol).” 15 Ibid. 11

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