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14 Jun 2010, 10:00 pm by Rosalind English
Mitty J surveyed the various tests for proportionality, articulated in the common law (by Lord Clyde in de Freitas v Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing [1991] 1 AC 69; in Strasbourg (Sporrong & Lönnroth v Sweden [1982] 5 EHRR 35) and James v United Kingdom [1986] 8EHRR 123. [read post]