Margin of Appreciation in UK Law

Leading Cases
  • R (RJM) v Secretary of State for Work and Pensions
    • House of Lords
    • 22 Octubre 2008

    The fact that there are grounds for criticising, or disagreeing with, these views does not mean that they must be rejected. Of course, there will come a point where the justification for a policy is so weak, or the line has been drawn in such an arbitrary position, that, even with the broad margin of appreciation accorded to the state, the court will conclude that the policy is unjustifiable.

  • R v DPP ex parte Kebeline
    • House of Lords
    • 28 Octubre 1999

    The doctrine of the "margin of appreciation" is a familiar part of the jurisprudence of the European Court of Human Rights. The European Court has acknowledged that, by reason of their direct and continuous contact with the vital forces of their countries, the national authorities are in principle better placed to evaluate local needs and conditions than an international court: Buckley v. United Kingdom (1996) 23 E.H.R.R. 101, 129, paras. 74-75.

    By conceding a margin of appreciation to each national system, the court has recognised that the Convention, as a living system, does not need to be applied uniformly by all states but may vary in its application according to local needs and conditions. The questions which the courts will have to decide in the application of these principles will involve questions of balance between competing interests and issues of proportionality.

    In this area difficult choices may have to be made by the executive or the legislature between the rights of the individual and the needs of society. In some circumstances it will be appropriate for the courts to recognise that there is an area of judgment within which the judiciary will defer, on democratic grounds, to the considered opinion of the elected body or person whose act or decision is said to be incompatible with the Convention.

  • Humphreys v Revenue and Customs Commissioners
    • Supreme Court
    • 16 Mayo 2012

    It seems clear from Stec, however, that the normally strict test for justification of sex discrimination in the enjoyment of the Convention rights gives way to the "manifestly without reasonable foundation" test in the context of state benefits. The same principles were applied to the sex discrimination involved in denying widow's pensions to men in Runkee v United Kingdom [2007] 2 FCR 178, para 36.

  • Bank Mellat v HM Treasury (No 2)
    • Supreme Court
    • 19 Junio 2013

    The principle does not however entitle the courts simply to substitute their own assessment for that of the decision-maker. That concept does not apply in the same way at the national level, where the degree of restraint practised by courts in applying the principle of proportionality, and the extent to which they will respect the judgment of the primary decision maker, will depend upon the context, and will in part reflect national traditions and institutional culture.

  • Re G (Adoption: Unmarried couple); Re P and Others (adoption: unmarried couple)
    • House of Lords
    • 18 Junio 2008

    In such a case, it for the court in the United Kingdom to interpret articles 8 and 14 and to apply the division between the decision-making powers of courts and Parliament in the way which appears appropriate for the United Kingdom. The margin of appreciation is there for division between the three branches of government according to our principles of the separation of powers. There is no principle by which it is automatically appropriated by the legislative branch.

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Legislation
  • The Immigration (European Economic Area) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ......Paragraph 1 of Schedule 1 reflects the margin of appreciation enjoyed by member States to determine their own ......
  • Insurance Companies Act 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ...... . S-26A . 26A ‘Margins of solvency. . (1) Every insurance company to which this. Part of this ... investments, gains or losses on the disposal of investments, appreciation or depreciation in the value of investments, or taxation’. S-31 . ......
  • Insurance Companies Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ......property. Financial resources . Financial resources. . S-32 . Margins of solvency. 32 Margins of solvency. . (1) Every insurance company to ...gains or losses on the disposal of investments,. appreciation or depreciation in the value of investments, or. taxation, the auditor ......
  • Companies Act 1967
    • UK Non-devolved
    • 1 de Enero de 1967
    ......material for the appreciation of the state of the. company's affairs by its members, being matters the. ...Insolvency and Winding up. . S-79 . Margin of solvency for general business. 79 Margin of solvency for general ......
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