House
of Lords held Secretary of State’s powers to determine planning applications
were incompatible with HRA 1998.
of Lords held Secretary of State’s powers to determine planning applications
were incompatible with HRA 1998.
Criticism
in House of Lords of twin-track approach.
in House of Lords of twin-track approach.
Lord
Slynn in House of Lords acknowledged that ECJ applies principle of
proportionality and national judges must apply same principle when dealing with
Community law issues
Slynn in House of Lords acknowledged that ECJ applies principle of
proportionality and national judges must apply same principle when dealing with
Community law issues
There
is a difference between proportionality principle and Wednesbury approach.
is a difference between proportionality principle and Wednesbury approach.
But
ECJ does take cautious approach in applying proportionality principle –
ECJ does take cautious approach in applying proportionality principle –
Shown
by margin of appreciation it accords Community institutions in making economic
assessments. Even without ref to HRA, ‘time has come to recognise that this
principle is part of English administrative law, not only when judges are
dealing with Community acts but also when they are dealing with acts subject to
domestic law’
by margin of appreciation it accords Community institutions in making economic
assessments. Even without ref to HRA, ‘time has come to recognise that this
principle is part of English administrative law, not only when judges are
dealing with Community acts but also when they are dealing with acts subject to
domestic law’
Trying
to keep Wednesbury principle and
proportionality in separate compartments seems unnecessary and confusing.
to keep Wednesbury principle and
proportionality in separate compartments seems unnecessary and confusing.
