|
Showing 1 - 1 of
1 matches in All Departments
The courts use the proportionality test to assess the
Convention-compatibility of the full range of government action,
from administrative decisions to primary legislation. In applying
the test, the courts are often conscious of the need to pay some
deference to the expertise and competence of other branches of
government. This rigorous analysis of the relationship between
proportionality and deference under the Human Rights Act sets out a
model of proportionality, drawn from existing case law, which
integrates deference within the multi-stage proportionality test.
The model is 'institutionally sensitive' and can be applied to
proportionality-based judicial review of all forms of government
activity. The model is shown in operation in three fields that span
the full range of government activity: immigration (administrative
action), criminal justice (legislation) and housing (multi-level
decisions).
|
You may like...
Book Lovers
Emily Henry
Paperback
(4)
R275
R248
Discovery Miles 2 480
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.