Public Law

Proportionality Review Cases

Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69

Key Point

• The court had considered arguments, in the light of Kennedy and Pham , that this court should authorise a general move from the traditional judicial review tests to one of proportionality, but declined to do so, holding that it would require consideration by an enlarged court

Facts

• K sought an inquiry into the killings of 23 unarmed civilians by British troops in Malaysia in 1948
• S refused to hold an inquiry
• K sought judicial review of the decision on the grounds of article 2 ECHR (right to life), customary international law incorporated into domestic law, and disproportionate/irrational executive action