Chapter

A More Intensive Review Based on European Liberal Influences

Jaime Arancibia

in Judicial Review of Commercial Regulation

Published in print March 2011 | ISBN: 9780199609079
Published online May 2011 | e-ISBN: 9780191725289 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199609079.003.0004
A More Intensive Review Based on European Liberal Influences

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This chapter argues that there appears to be a natural relationship between, on the one hand, the adoption of a more rigorous judicial attitude towards market regulation and, on the other hand, the ethos of European law. Effect must be given to the legislation and decisions of European courts which have become part of the English legal order with the effect of rendering the domestic court's supervision ever stricter. This idea is developed in three principal stages. First, it is explained that these norms rest on the foundational values of liberal-market democracies which demand that judges should be neutral in order to avoid undue interference with economic rights and freedoms. Secondly, it is shown that this doctrine is reflected in the right to a court of “full jurisdiction”, which ensures judicial oversight of regulators in accordance with Article 6(1) of the European Convention. Thirdly, the principle of proportionality is presented.

Keywords: European law; proportionality; full jurisdiction; commercial regulation; European Convention

Chapter.  11564 words. 

Subjects: Constitutional and Administrative Law

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