Tag: bifurcation
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Jason N.E. Varuhas: Should the common law of review and the law under the Human Rights Act 1998 be “synthesised”?
In the recent decision of Kennedy v The Charity Commission [2014] UKSC 20 Lord Mance speculated that in time some form of “synthesis may emerge” between the common law of review and the law under the HRA. Consonant with this view he said, more specifically, that “there seems no reason” why a proportionality test or…