Proportionality and Deference under the UK Human Rights Act

Name: Proportionality and Deference under the UK Human Rights Act
Brand: Cambridge University Press
SKU: 9781107013001
Price: 13215.0 INR
Availability: InStock

by Alan D. P. Brady

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ISBN13: 9781107013001
Binding: Hardcover
Subject: N/A
Publisher: Cambridge University Press
Publisher Imprint: Cambridge University Press
Publication Date: May 3, 2012
Pages: 310
Original Price: GBP 104.0
Language: English
Edition: N/A
Item Weight: 617 grams
BISAC Subject(s): Constitutional

About The Book

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).

About The Author

Brady, Alan D. P.: - 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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