Abstract
The doctrine of proportionality is a valuable tool in the
protection of the “fundamental rights” of the individual. The
European Union laws have recognized this doctrine and many
European states have included it in their legal systems. The
application of this principle has been supported by the presence
of the EU and the ECHR: therefore, the application of
proportionality into UK legislation has been extended by the
“European Convention of Human Rights” and EU intervention.
However, the UK’s judicial system has not yet recognized the
doctrine of proportionality as a general norm of the judicial
review and limited this doctrine to cases related to the ECHR
only. The critical analyses in the said article will focus to
understand the importance of the doctrine of proportionality as
compared to its competitor the principle of unreasonable. This
article focused on the question on the doctrine of
proportionality and its importance in the protection of freedom
of expression in the UK, and the future of unreasonableness
when equated with the doctrine of proportionality.
Dr. Syed Raza Shah Gilani, Muhammad Haroon Khan, Sumayya Feroz. (2021) The Significance of the Doctrine of Proportionality in protecting the Freedom of Expression: A Case Study of UK Judicial System, The Islamic Shariah & Law, Volume-03, Issue-1.
-
Views
715 -
Downloads
92
