Submission to the Independent Review of Administrative Law

Research output: Other contribution

Authors

Departments

External departments

  • Sheffield Hallam University

Details

Original languageEnglish
TypeConsultation response
PublisherHM Government
Number of pages7
Place of PublicationLondon
Publication statusAccepted/In press - 9 Oct 2020
Publication type

Research output: Other contribution

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.