Cart
Free US shipping over $10
Proud to be B-Corp

Proportionality and Deference under the UK Human Rights Act Alan D. P. Brady (Adjunct Lecturer, Trinity College, Dublin)

Proportionality and Deference under the UK Human Rights Act By Alan D. P. Brady (Adjunct Lecturer, Trinity College, Dublin)

Proportionality and Deference under the UK Human Rights Act by Alan D. P. Brady (Adjunct Lecturer, Trinity College, Dublin)


$133.99
Condition - New
Only 2 left

Summary

Alan D. P. Brady develops a new approach to the proportionality test under the Human Rights Act. Through a rigorous theoretical analysis of existing case law, he provides a new and effective explanation of proportionality and deference which will be of particular interest to academics, practitioners and research students.

Proportionality and Deference under the UK Human Rights Act Summary

Proportionality and Deference under the UK Human Rights Act: An Institutionally Sensitive Approach by Alan D. P. Brady (Adjunct Lecturer, Trinity College, Dublin)

The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the courts are often conscious of the need to pay some deference to the expertise and competence of other branches of government. This rigorous analysis of the relationship between proportionality and deference under the Human Rights Act sets out a model of proportionality, drawn from existing case law, which integrates deference within the multi-stage proportionality test. The model is 'institutionally sensitive' and can be applied to proportionality-based judicial review of all forms of government activity. The model is shown in operation in three fields that span the full range of government activity: immigration (administrative action), criminal justice (legislation) and housing (multi-level decisions).

Proportionality and Deference under the UK Human Rights Act Reviews

'Brady's work provides a good addition to the voluminous literature on deference. It does so by taking a step back from abstract, conceptual analysis focusing instead on how deference and proportionality can be applied in practice.' Alison L. Young, Oxford Journal of Legal Studies

About Alan D. P. Brady (Adjunct Lecturer, Trinity College, Dublin)

Alan D. P. Brady is an Adjunct Lecturer in Law at Trinity College Dublin and a practising barrister. He currently lectures judicial review and human rights on the Trinity College LLM programme. During his doctoral studies at the London School of Economics he was an LSE Fellow. His research is in the fields of public law, human rights and criminal law.

Table of Contents

1. Proportionality, deference and institutional sensitivity; 2. An integrated account of proportionality and deference; 3. An institutionally sensitive approach; 4. Proportionality and deference in judicial review of administrative action: immigration; 5. Proportionality and deference in judicial review of legislation: criminal justice; 6. Proportionality and deference in judicial review of multi-level decisions: housing; 7. Conclusion.

Additional information

NPB9781107013001
9781107013001
1107013003
Proportionality and Deference under the UK Human Rights Act: An Institutionally Sensitive Approach by Alan D. P. Brady (Adjunct Lecturer, Trinity College, Dublin)
New
Hardback
Cambridge University Press
2012-05-03
310
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - Proportionality and Deference under the UK Human Rights Act