Proportionality and Deference: The Importance of a Structured Approach

19 Pages Posted: 18 Sep 2013 Last revised: 19 Sep 2013

See all articles by Mark Elliott

Mark Elliott

University of Cambridge - Faculty of Law

Date Written: September 17, 2013

Abstract

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

Elliott, Mark C., Proportionality and Deference: The Importance of a Structured Approach (September 17, 2013). University of Cambridge Faculty of Law Research Paper No. 32/2013. Available at SSRN: https://ssrn.com/abstract=2326987 or http://dx.doi.org/10.2139/ssrn.2326987

Mark C. Elliott (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
918
Abstract Views
3,363
rank
25,156
PlumX Metrics