Proportionality and Deference: The Importance of a Structured Approach
19 Pages Posted: 18 Sep 2013 Last revised: 19 Sep 2013
Date Written: September 17, 2013
In this paper, I argue that a proper understanding of the idea of deference is impossible unless an adequately structured approach to the doctrine of proportionality is adopted. I criticise judicial decisions which fail to adopt a structured approach to proportionality and demonstrate how greater attention to this issue would enable a more sophisticated and stable approach to questions concerning deference and the intensity of judicial review.
Keywords: judicial review, deference, intensity, human rights act, administrative law
JEL Classification: K00, K10, K19, K20, K29, K30
Suggested Citation: Suggested Citation