Proportionality and deference under the UK Human Rights Act : an institutionally sensitive approach / Alan D.P. Brady.

Format:

Book

Author/Creator:

Brady, Alan D. P., 1979- author.

Language:

English

Subjects (All):

Great Britain. Human Rights Act 1998.

Great Britain.

Human Rights Act 1998 (Great Britain).

Civil rights--Great Britain.

Civil rights.

Physical Description:

1 online resource (xviii, 291 pages) : digital, PDF file(s)

Other Title:

Proportionality & Deference under the UK Human Rights Act

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

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).

Contents:

Proportionality, deference and institutional sensitivity

An integrated account of proportionality and deference

An institutionally sensitive approach

Proportionality and deference in judicial review of administrative decisions : immigration

Proportionality and deference in judicial review of legislation : criminal justice

Proportionality and deference in judicial review of multi-level decisions : housing

Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139003445

Access Restriction:

Restricted for use by site license.