Chapter

The Influence of the European Principle of Proportionality on UK Regulatory Law

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/9780199609079.003.0005
The Influence of the European Principle of Proportionality on UK Regulatory Law

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This chapter goes on to consider the implications and advantages of proportionality in relation to the different aspects of the challenged decision which may require the supervision of the courts. Specifically, it argues in the first three sections that, by adhering to a robust judicial attitude based on this doctrine, it is possible to begin to deal with the difficulties which prevent the orthodox approach from providing an adequate control of the decision-maker's criteria on the reasonableness of the decision, interpretation of rules, and factual considerations. Section 4 articulates a “proportional” approach to the problem of remedial discretion which accurately captures the idea that the court's primary role is to protect citizens against executive abuse, as it takes into account the interests of third parties and public administration without going so far as to deny effective relief to the applicant.

Keywords: proportionality; commercial regulation; judicial review; discretionary powers; interpretation of rules; remedies; factual findings

Chapter.  35508 words. 

Subjects: Constitutional and Administrative Law

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