Tag: proportionality review
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Adam Tomkins: On ABJ: Proscribed Organisations, Proportionality, and Freedom of Speech
In R v ABJ [2026] UKSC 8 a unanimous Supreme Court ruled that the offence of expressing support for a proscribed organisation, as defined in the Terrorism Act 2000, is not a disproportionate interference with the right to freedom of expression under the European Convention on Human Rights. The Court’s verdict was no surprise: the…
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Yossi Nehushtan: The 14-Day Quarantine Policy is Illegal
Harsh criticism, mainly from politicians and the travel industry has been expressed regarding the new government policy, according to which, and from 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. It is surprising that very little has been said about the clear illegality of this policy, despite a very…
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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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Jefferi Hamzah Sendut: The Prorogation Case: Proportionality in All but Name?
The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This post argues that the Supreme Court’s Cherry/Miller (No 2) judgment should be understood as an application of proportionality as a common law ground of substantive review. Proportionality review is no longer confined to cases involving the Human…
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Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate
Over the past few decades, the question of substantive review has provided one of the liveliest debates in public law. However, despite a myriad of contributions from courts and legal commentators, we are still left with little certainty as to its nature, scope, and structure. As we near 70 years since Lord Greene’s landmark decision…
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Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place
To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good…
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Robert Thomas: The New Immigration Rules and the Right to Family life
In June 2012, Theresa May, the Home Secretary, laid a new statement of changes in immigration rules before Parliament. There is nothing necessarily extraordinary in that; the immigration rules set out the criteria governing the entry into and removal from the UK of foreign nationals and they are frequently amended – as a previous blog…
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Bradley W. Miller: Proportionality and Legislative Purpose
In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged legislation is characterized by the reviewing court. It is a commonplace that the loftier the purpose attributed to the legislation, the more difficult it will be to judge that legislation to be disproportionate at the balancing stage. …