The Case for Replicable Structured Full Proportionality Analysis in all Cases Concerning Fundamental Rights

Ramshaw, Adam (2017) The Case for Replicable Structured Full Proportionality Analysis in all Cases Concerning Fundamental Rights. Legal Studies. ISSN 0261-3875 (In Press)

[img]
Preview
Text (Full text)
Ramshaw - The Case for Replicable Structured Full Proportionality Analysis.pdf - Accepted Version

Download (337kB) | Preview

Abstract

Proportionality has been testing the judiciary for decades. However, a single replicable model of proportionality has not been consistently applied by the courts. This article explores the differential application of proportionality in English law. It is argued that these differential approaches create doctrinal confusion and give rise to numerous shortcomings. These shortcomings include 1) the a priori weighting of fundamental rights, 2) undue deference to State institutions and 3) variable judicial scrutiny dependent upon the source of the rights in question. It will be argued here that the courts ought to adopt a common standard of proportionality review in all proceedings concerning fundamental rights. The viability of this approach will then be tested against existing case law.

Item Type: Article
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Paul Burns
Date Deposited: 03 Nov 2017 12:09
Last Modified: 06 Nov 2017 14:10
URI: http://nrl.northumbria.ac.uk/id/eprint/32451

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics


Policies: NRL Policies | NRL University Deposit Policy | NRL Deposit Licence