Ymwadiad: Nid cyngor cyfreithiol yw hwn. Mae deddfwriaeth a chyfraith achosion yn newid. Ymgynghorwch bob amser â chyfreithiwr cymwys ar gyfer eich sefyllfa benodol.

UK Law Reference
Pob achos
Human Rights
House of Lords
2001

R (Daly) v Secretary of State for the Home Department

[2001] UKHL 26

Ratio Decidendi

Proportionality is a more structured and rigorous test than Wednesbury unreasonableness. Where Convention rights are at stake, the court must conduct a proportionality analysis rather than simply asking whether the decision was irrational.

Ffeithiau

A prison policy required prisoners to be absent from their cells during searches, during which legally privileged correspondence could be examined.

Crynodeb o'r dyfarniad

The House of Lords held the blanket policy was unlawful as a disproportionate interference with the right to legal professional privilege. Lord Steyn explained the difference between Wednesbury and proportionality review.

Dyfyniadau allweddol

"The intensity of review is somewhat greater under the proportionality approach... the proportionality test may go further than the traditional grounds of review."

— Lord Steyn

Triniaeth ddilynol

Good law

Key authority on the distinction between Wednesbury and proportionality review.