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Judicial responses to bright line rules in social security: in search of principle

Laurie, Emma (2009) Judicial responses to bright line rules in social security: in search of principle Modern Law Review, 72, (3), pp. 384-411. (doi:10.1111/j.1468-2230.2009.00748.x).

Record type: Article

Abstract

This article considers judicial responses to the use of 'bright line' rules in social security law. It analyses, within the framework of judicial deference, the receptiveness of the judiciary to an argument by the executive that a rule is justified as being administratively convenient to operate. The article questions the proposition that the judiciary is at its most deferential when complex issues of socio-economic policy or resource allocation are raised in the context of social security law. A contrast is drawn between cases involving an issue of statutory interpretation and those applying a proportionality test. The article tests the presumption that a difference in approach should be discernable in these two situations. It concludes by criticising the courts for failing to articulate clearly the values at stake and by arguing for the need for greater transparency and a broader public debate concerning the use of bright line rules.

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Published date: May 2009
Organisations: Law

Identifiers

Local EPrints ID: 147895
URI: http://eprints.soton.ac.uk/id/eprint/147895
ISSN: 0026-7961
PURE UUID: 9e092917-c268-4db0-a60b-7d345cc120cb

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Date deposited: 27 Apr 2010 08:43
Last modified: 18 Jul 2017 19:33

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Author: Emma Laurie

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