Proportionality and Deference under the UK Human Rights Act

An Institutionally Sensitive Approach

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book Proportionality and Deference under the UK Human Rights Act by Alan D. P. Brady, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Alan D. P. Brady ISBN: 9781139411462
Publisher: Cambridge University Press Publication: May 3, 2012
Imprint: Cambridge University Press Language: English
Author: Alan D. P. Brady
ISBN: 9781139411462
Publisher: Cambridge University Press
Publication: May 3, 2012
Imprint: Cambridge University Press
Language: English

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).

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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).

More books from Cambridge University Press

Cover of the book Anthropocene Encounters: New Directions in Green Political Thinking by Alan D. P. Brady
Cover of the book Screening Early Modern Drama by Alan D. P. Brady
Cover of the book Sustainability in the Twenty-First Century by Alan D. P. Brady
Cover of the book A History of Women's Political Thought in Europe, 1700–1800 by Alan D. P. Brady
Cover of the book Reassessing Jewish Life in Medieval Europe by Alan D. P. Brady
Cover of the book Fire in Mediterranean Ecosystems by Alan D. P. Brady
Cover of the book Democracy beyond Athens by Alan D. P. Brady
Cover of the book Knowing Hands by Alan D. P. Brady
Cover of the book Ovarian Stimulation by Alan D. P. Brady
Cover of the book Structure of Materials by Alan D. P. Brady
Cover of the book Kant on Moral Autonomy by Alan D. P. Brady
Cover of the book The Problem of Universals in Contemporary Philosophy by Alan D. P. Brady
Cover of the book Commanding Military Power by Alan D. P. Brady
Cover of the book The Hudson River Estuary by Alan D. P. Brady
Cover of the book Emergencies and the Limits of Legality by Alan D. P. Brady
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy