Margin of Appreciation in UK Law
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SC and 3 Children v The Secretary of State for Work and Pensions
... ... Taking into account the wide margin of appreciation for the State's administration of social security ... ...
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Bank Mellat v HM Treasury (No 2)
... ... the nature of the issue requires the Treasury to be allowed a large margin of judgment. It is difficult to think of a public interest as important as ... is indissolubly linked to the concept of the margin of appreciation. That concept does not apply in the same way at the national level, where ... ...
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A, X and Y and Others and Secretary of State for the Home Department
... ... In this matter, Article 15(1) leaves those authorities a wide margin of appreciation. Nevertheless, the States do not enjoy an ... ...
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M v Secretary of State for Work and Pensions
... ... This was an area where the contracting states 'still enjoy a wide margin of appreciation'. The court held that, accordingly, the applicant's ... ...
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R (on the application of DA and Others) v Secretary of State for Work and Pensions
... ... of justification for the adverse effects of a rule flowed from the margin of appreciation which was wide in this area of decision-making ... 59 ... ...
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R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v DPP
... ... it", and therefore considered that "the states enjoy a considerable margin of appreciation in this area" ... 34 The court ... ...
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Re G (Adoption: Unmarried couple); Re P and Others (adoption: unmarried couple)
... ... The Court decided by a majority of 4 to 3 that it was within the margin of appreciation allowed to Member States of the Council of Europe to ... ...
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R v Ministry of Defence, ex parte Smith
... ... But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more ... ...
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AXA General Insurance Company Ltd v Lord Advocate
... ... extend, the national authorities accordingly enjoy a certain margin of appreciation. Furthermore, the notion of 'public interest' is ... ...
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R (Agyarko) v Secretary of State for the Home Department
... ... of Appendix FM have been missed by a small margin. Instead, 'exceptional' means circumstances in which refusal would result ... , in striking a fair balance, falls within the margin of appreciation of the national authorities, subject to supervision at the European level ... ...
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