JUDICIAL REVIEW

May 21st, 2026 by James Goudie KC

The public law principles of LEGALITY and PROPORTIONALITY do NOT provide an independent free-standing ground for challenging SUBORDINATE LEGISLATION. They are a rule of construction, pursuant to which AMBIGUOUS statutory language can be construed in amanner that preserves FUNDAMENTAL RIGHTS, including human rights. So held by Saini J in ISMAILOV v SoS (2026) EWHC 1188 (Admin).

Comments are closed.