Chapter

The Broader Effect of the Principle of Proportionality

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/9780199609079.003.0006
The Broader Effect of the Principle of Proportionality

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

This chapter supplies a particular explanation concerning the scope of the principle of proportionality. It observes that there are justified reasons to think that this doctrine will be recognized as an independent ground of review within domestic law. First, it is necessary to consider the malleability of English law and its capacity to adapt to legal trends. Secondly, the principle of proportionality prescribes a much more structured approach to regulatory decisions than the Wednesbury doctrine. Thirdly, the broader effect is consistent with equality before the law which lies at the core of the rule of law. Consequently, the courts should be entitled to adopt a more rigorous test to deal with claims arising not only under the Human Rights Act (HRA) or EC law, but also under other areas of national law that have direct impact upon the operation of private businesses.

Keywords: proportionality; adaptability; English law; Wednesbury; regulatory decisions; rule of law

Chapter.  6879 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.