The Transformation Of The Grounds Of Judicial Review In The Field Of Human Rights In Britain

At the beginning of this century,Britain suddenly abandoned the traditional unreasonable principle in the field of human rights protection and applied the principle of proportion originated from Germany instead.The fact that English have always cherished tradition and are extremely confident in their own legal system and replaced the traditional legal system with the legal system outside the region is worth studying in itself.Moreover,through the living example of the UK,we can clearly see the ways and advantages and disadvantages of the two judicial review principles in the field of judicial review.In this paper,when sorting out the context of the introduction of the principle of proportion,considering the formulation of case law in the UK,case law is mainly regarded as the embodiment of the introduction of the system in the UK,and the actual law is only regarded as the reason for the introduction of the principle of proportion,rather than the embodiment.In order to find out this problem,this paper is divided into five parts.The first part,judicial review on English law.This part explains the connotation of some basic concepts.The principle of judicial review mentioned in this paper mainly refers to the principle of judicial review in the field of human rights protection.At the same time,we should pay attention to the fact that the boundary between the British constitution and administrative law is not clear.Therefore,this paper studies the judicial review principle of "English public law".The second part,the emergence and development of unreasonable principle.The British courts consciously applied the unreasonable principle at a very early age.As early as the 16 th century,the court required that the exercise of power by public institutions should be legal and rational.However,it was not until Wednedbury case in 1948 that the principle was finally determined.At first,however,the application of this principle in courts of restraint was rare.However,after the 1980 s,with the impact of European law,unreasonable principle began to develop rapidly.The third part,the emergence and establishment of proportion principle.De Freitas v.Permanent Secretary of Agriculture,Fisheries,Lands and Housing,heard by the privy council in 1998,was the first British court to try the principle of proportionality.After the implementation of the Human Rights Act 1998,the principle of proportionality waseventually introduced in Britain following the trials of Daly and Belmarsh.Compared with the unreasonable principle,the proportion principle enables the court to break through the problem of "jurisdiction" and evaluate the administrative decisions within the jurisdiction.The fourth part,the reasons for the transformation of judicial review.The unreasonable principle itself has drawbacks.One is that the threshold is too high,and the other is that the focus is on the "reasonable" issue,so that many administrative decisions cannot be reviewed.Britain's acceptance of the principle of proportionality also benefited from European law and the influence of commonwealth countries.At the same time,the enactment of the human rights law and Bingham Lord's interpretation of the positioning of the court solved the coordination problem between the application of the principle of proportionality and the British constitutional system.The fifth part,the follow-up development of proportion principle.At present,the principle of proportionality is still developing,with the emergence of a fourth-order analysis model on the basis of the original third-order analysis model,while the unreasonable principle continues to play a role in areas other than human rights protection.However,along with the development of the principle of proportion,the opposition to the principle of proportion,the call for withdrawal from the European convention on human rights also began to appear.The fate of the principle of proportion in Britain will depend on the comparison of political forces in the future.The sixth part is the conclusion.To sum up the content of this paper,British judges played a vital role in the development and localization of the principle of proportionality.