Abstract
Recommendations
•We would recommend that the Review considers both the structure of the proportionality test and a process of rolling review that would allow for the better deployment of government policy when facing conditions of considerable uncertainty, or particular policy on the use of innovative technology.
•We propose that, combined with a robust and rolling oversight function, a model of 'experimental' proportionality review could assist in upholding a fair balance between the rights of the individual and the interests of the community in situations of uncertainty and crisis.
•We would recommend that the Review considers both the structure of the proportionality test and a process of rolling review that would allow for the better deployment of government policy when facing conditions of considerable uncertainty, or particular policy on the use of innovative technology.
•We propose that, combined with a robust and rolling oversight function, a model of 'experimental' proportionality review could assist in upholding a fair balance between the rights of the individual and the interests of the community in situations of uncertainty and crisis.
| Original language | English |
|---|---|
| Title of host publication | Judicial Review Reform Consultation |
| Subtitle of host publication | The Government Response |
| Place of Publication | London |
| Publisher | HM Government |
| Number of pages | 47 |
| ISBN (Print) | 9781528627931 |
| Publication status | Published - 21 Jul 2021 |