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Outcomes Aren't All: Defending Process-Based Review of Public Authority Decisions under the Human Rights Act

Mead, David (2012) 'Outcomes Aren't All: Defending Process-Based Review of Public Authority Decisions under the Human Rights Act.' Public Law, 2012. pp. 63-87. ISSN 0033-3565

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Abstract

Evaluates the approach adopted by the House of Lords in its judgments in R. (on the application of Begum) v Denbigh High School Governors, Belfast City Council v Miss Behavin' Ltd and R. (on the application of Nasseri) v Secretary of State for the Home Department that, where a public authority measure has been challenged under the Human Rights Act 1998 for being disproportionate, it is sufficient for the authority to show that it had proportionate outcomes, known as the "outcomes is all" approach, rather than that its proportionality was addressed during the decision-making process.

Item Type: Article
Uncontrolled Keywords: Administrative decision-making; Burden of proof; Human rights; Proportionality
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 25 Feb 2012 13:11
Last Modified: 16 Dec 2014 11:16
URI: http://repository.essex.ac.uk/id/eprint/4614

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