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Tag: parliamentary sovereignty

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Leveson, the royal charter and entrenchment

The BBC is reporting that the three main UK political parties have struck a deal on press regulation. What is now clear is that the body responsible for recognising the new regulator will be established by royal charter and will not be underpinned by statute law in the way that Lord Justice Leveson advocated in his report. What is less […]

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Does the ultra vires doctrine prevent courts from replacing Wednesbury review with proportionality?

Sir Philip Sales has an interesting piece in the latest edition of the Law Quarterly Review. In “Rationality, Proportionality and the Development of the Law” (2013) 129 LQR 223, Sales responds to the argument—advanced perhaps most robustly by Paul Craig—that the Wednesbury doctrine of unreasonableness should be supplanted by the proportionality test. As such, Sales supports the view—articulated by the […]