JR Cases, Proportionality Flashcards
R (on the application of Daly) v Home Secretary (2001)
o In cases concerning Convention rights, domestic courts are to apply the test of proportionality. The same applies to appropriate cases concerning EU law
Youssef v Secretary of State for Foreign and Commonwealth Affairs (2016)
o Per Lord Carnwath:“
• It is to be hoped that an opportunity can be found in the near future for an authoritative review in this court of the judicial and academic learning on the issue, including relevant comparative material from other common law jurisdictions. Such a review might aim for rather more structured guidance for the lower courts”
o Stage has now been set, only a question of time before a case comes up before SC with the appropriate set of facts to enable it to recognize proportionality as a separate ground of JR
• Provided SC has not changed its mind since 2016
