n Acta Juridica - Engaging unreasonableness and proportionality as standards of review in England, India and Sri Lanka : comparative studies
|Article Title||Engaging unreasonableness and proportionality as standards of review in England, India and Sri Lanka : comparative studies|
|© Publisher:||Juta Law Publishing|
|Publication Date||Jan 2006|
|Pages||95 - 116|
The purpose of this article is to examine the extent to which the twin concepts of unreasonableness and proportionality have been fused and whether they provide an adequate rubric for the judicial review of irrationality in administrative law in England, India and Sri Lanka. The jurisdictions surveyed are heirs to a common law tradition. However, in England contemporary judicial review has a statutory underpinning whilst in the other two jurisdictions it has a constitutional foundation. Nevertheless, in all three jurisdictions the grounds of review have been developed by the courts on an incremental basis drawing inspiration from the common law and/or statutory or constitutional human rights postulates.
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