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proportionality review

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 […]

UKCLA June 17, 2020 Administrative law, England, Human rights, Judicial review, United Kingdom

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 […]

UKCLA June 15, 2020 Administrative law, Human rights, Judicial review

Jefferi Hamzah Sendut: The Prorogation Case: Proportionality in All but Name?

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The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This […]

Constitutional Law Group October 8, 2019 Judicial review

Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate

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Over the past few decades, the question of substantive review has provided one of the liveliest debates in […]

Constitutional Law Group February 17, 2016 Judicial review

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 […]

Constitutional Law Group September 17, 2013 Judicial review

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 […]

Constitutional Law Group October 4, 2012 Human rights, Judicial review, UK Parliament

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 […]

Constitutional Law Group May 22, 2012 Canada, Comparative law, Human rights
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