Pros and cons of Proportionality? Watch

P1mP
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#1
Report Thread starter 12 years ago
#1
Anyone?
So far Ive got:
-Means courts assess merits of the decision/policy (but not sure why its a con):confused:
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P1mP
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#2
Report Thread starter 12 years ago
#2
OOh I think I get it now..because if courts assess the merits then there is a fear that they may substitute the decision based on their own views and/or that they are not experienced enough in a certain field to balance factors? Am I right? Anyone?
Also, can anyone point me to a case which can support my point or has any relevance?
Cheers
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Ethereal
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Proportionality only applies where the court is sitting as an EU court, not on domestic matters. I'm sure if you trawl through cases after Wendsbury they mention the bad side of proportionality, but it's hazy memories.
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chandni
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#4
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hmmm theres also some dicta from Smith v UK that Proportionality should replace Wednesbury in all cases not just HR cases but the preecedent is only 4 HR cases
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completely random
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There may be some cases somewhere that discuss the merits of proportionality obiter dicta (although obviously as already established it doesn't apply in British law) plus look at some textbooks which should give you a brief introduction to the principle.
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P1mP
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#6
Report Thread starter 12 years ago
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For thhose of you who are interested see the case of ex p Daly
I dont need to know anymore
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