Tag: proportionality review at common law
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Jason Varuhas: Evidence, Facts and the Changing Nature of Judicial Review
It is received wisdom, oft-repeated in judgments and textbooks alike, that the judicial review procedure is not an apt forum for the testing of evidence and resolution of disputed questions of fact. For example, it is commonly stated that disclosure and oral evidence will only be ordered rarely, while one would be lucky to find…
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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…