Submission to the Independent Review of Administrative Law

Jamie Grace; Marion Oswald

Submission to the Independent Review of Administrative Law

Jamie Grace, Marion Oswald

Law Department

Research output: Chapter in Book/Report/Conference proceeding › Chapter

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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.

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

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IRAL submission - Grace and Oswald v.2Accepted author manuscript, 37.1 KB

https://www.gov.uk/government/consultations/judicial-review-reformLicence: Other

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title = "Submission to the Independent Review of Administrative Law",

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.",

author = "Jamie Grace and Marion Oswald",

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day = "21",

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T1 - Submission to the Independent Review of Administrative Law

AU - Grace, Jamie

AU - Oswald, Marion

PY - 2021/7/21

Y1 - 2021/7/21

N2 - 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.

AB - 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.

UR - https://www.gov.uk/government/groups/independent-review-of-administrative-law

M3 - Chapter

SN - 9781528627931

BT - Judicial Review Reform Consultation

PB - HM Government

CY - London

ER -

Submission to the Independent Review of Administrative Law

Abstract

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The COVID-19 contact tracing app in England and "experimental proportionality"

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