Proportionality and Deference under the UK Human Rights Act: An Institutionally Sensitive Approach - Hardcover

Brady, Alan D. P.

 
9781107013001: Proportionality and Deference under the UK Human Rights Act: An Institutionally Sensitive Approach
Hardcover
ISBN 10: 1107013003 ISBN 13: 9781107013001
Publisher: Cambridge University Press, 2012

Synopsis

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).

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About the Author

Alan D. P. Brady is an Adjunct Lecturer in Law at Trinity College Dublin and a practising barrister. He currently lectures judicial review and human rights on the Trinity College LLM programme. During his doctoral studies at the London School of Economics he was an LSE Fellow. His research is in the fields of public law, human rights and criminal law.

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Publisher
Cambridge University Press
Publication date
2012
Language
English
ISBN 10 
1107013003
ISBN 13 
9781107013001
Binding
Hardcover
Number of pages
310